1. The plaintiff's appeal against the primary defendant and the conjunctive defendant is dismissed.

2. The appeal costs are assessed against the Plaintiff.

1. Basic facts

A. The Plaintiff served as a director or a field manager of D Co., Ltd. (hereinafter referred to as “D”) for the purpose of interior business, industrial design, etc. and left the Plaintiff around September 2015. The primary Defendant is a representative director of E Co., Ltd. (hereinafter referred to as “E”) for the purpose of household wholesale and retail business, manufacturing business, etc.

B. E has been engaged in the transaction of goods by supplying furnitures, etc. to D. from January 2014, some of the price of goods was not paid from D.

C. On May 8, 2015, the Plaintiff transferred KRW 13,000,000 (hereinafter “instant KRW 13,000,000”) to an account under the name of the primary Defendant’s friendship or preliminary Defendant.

[Reasons for Recognition] Facts without dispute, Gap 2, 5, 7, and 8's statements and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. (1) On May 8, 2015, the Plaintiff asserted against the primary Defendant: (a) leased KRW 13,000,000 to the primary Defendant; and (b) transferred the said money to the primary Defendant’s account under the name of the primary Defendant at the direction of the primary Defendant; (c) the primary Defendant is obligated to pay the Plaintiff the loan amount of KRW 13,00,000,000, and damages for delay.

In addition, even if the principal defendant borrowed KRW 13,00,000 from the plaintiff, he had no intention to pay the price for the goods to the household factory, but by deceiving the plaintiff about the purpose of the loan and taking over it by borrowing KRW 13,00,000. Thus, the principal defendant is obligated to pay the plaintiff the damages amounting to KRW 13,00,000 and the damages for delay.

(2) Even if the claim against the conjunctive Defendant is not accepted, the conjunctive Defendant, without any legal ground, is obligated to obtain profits equivalent to KRW 13,000,000 and to pay the Plaintiff damages equivalent to the same amount. Therefore, the Plaintiff is obligated to pay the return of unjust enrichment of KRW 13,00,000 and damages for delay.

(b) the primary accused; and