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The judgment of the first instance, including the claims modified by this Court, shall be modified as follows:
The plaintiff's claim.
Reasons
1. Summary of the parties' assertion
A. Upon the Plaintiff’s introduction, the Defendant borrowed KRW 8 million from C as interest per month on June 2017 and borrowed KRW 10 million from C and KRW 800,000,000,000,000 for one month, and KRW 600,000,000 used by the Defendant’s office, and KRW 2,000,000,000,000,000,000,000,000.
After the Defendant’s delinquency in payment, the Plaintiff repaid the loan principal of KRW 8 million on behalf of the Defendant and the interest that the Defendant did not pay to C in lieu of KRW 12 million.
Therefore, as the Defendant was exempted from the obligation of the borrowed money to C without any legal cause, the above KRW 12 million should be returned to the Plaintiff according to Article 741 of the Civil Act.
In addition, as the defendant took out without permission the materials equivalent to KRW 2 million at the plaintiff's market price while being kept in the plaintiff's office, the defendant should compensate for damages equivalent to KRW 2 million at the above material market price as tort liability.
B. It is not Defendant C but borrowed from the Plaintiff.
In addition, the Defendant again subcontracted D Construction to the Plaintiff after being awarded a contract from E, and re-subcontracted to the Plaintiff, that the Plaintiff would receive KRW 7,392,198, which is 2% of the construction cost as the absolute price, set off the Plaintiff’s loan claim against the Plaintiff’s automatic bond.
2. Determination
A. The issue of this part of the allegation of unjust enrichment is whether the Plaintiff lent to the Defendant or whether C lent the loan to the Defendant and the Plaintiff delivered the loan to the Defendant.
In light of the following, there is no dispute between the parties, or in view of Gap evidence Nos. 2, 4 through 6, and Eul evidence Nos. 2-1 and 2-2, and the purport of the theory of change, the plaintiff's 1-month advance interest and KRW 800,000,000 used by the defendant for the defendant's office and KRW 600,000,000,000,000,000 won for the defendant's office and KRW 2,000.