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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Defendant, as the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”), served from September 2002 to April 12, 2013. The Plaintiff, around 2007, served as the managing director, etc. of Nonparty Co., Ltd. and retired from office around March 2010.
B. On March 2, 2007, the Defendant: (a) requested the Plaintiff to create a passbook in the name of the Plaintiff; and (b) on the same day, the Plaintiff opened a corporate bank passbook in the name of the Plaintiff (Account D; hereinafter “instant Plaintiff’s account”); and (c) opened the passbook in the name of the Plaintiff and opened the passbook and the seal to the Defendant.
C. The Defendant received a loan of KRW 100 million from E in the Plaintiff’s name (hereinafter “E”), and E transferred a loan of KRW 99,080,000 after deducting a loan fee, etc. from the Plaintiff’s account under the Plaintiff’s name on March 5, 2007. The Defendant deposited KRW 90 million out of the above loan amount as the Defendant’s own passbook on the same day.
Since then, on June 28, 2007, when the retirement allowance settled by the Plaintiff was deposited into the Plaintiff’s account in the name of the Plaintiff, the Defendant did not pay it to the Plaintiff and used KRW 100 million to repay the loan to E.
E. Therefore, the Defendant gains unjust enrichment without legal grounds, out of the interim settlement amount of retirement pay deposited into the Plaintiff’s account in the name of the Plaintiff, by discharging the Defendant’s loans to E to be actually responsible, and incurred damages equivalent to the above amount to the Plaintiff. Since the Defendant clearly used the Plaintiff’s account from the Plaintiff’s account in the name of the Plaintiff for the Defendant’s loan repayment purpose, the Defendant claimed the above KRW 90 million as unjust enrichment, and the Defendant, as the conjunctively, did not pay the Plaintiff’s interim settlement amount of retirement pay deposited into the Plaintiff’s account in the Plaintiff’s name of the Plaintiff and used it for the Defendant’s repayment of loans to E used by the Defendant, thereby causing losses to the Plaintiff.