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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 5, 2010, the Plaintiff lent KRW 100,000,00 to the Defendant’s Asia, and C transferred KRW 50,000,000 out of the same day to the Defendant’s account.
B. On June 30, 2010, the Plaintiff lent KRW 300,000,000 to C, and C transferred KRW 250,000,000 out of the same day to the Defendant’s account.
C. C was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by deceiving the Plaintiff and borrowing the sum of KRW 400,000 (hereinafter “the instant money”), and was sentenced to a conviction on July 10, 2015 by Busan District Court Decision 2015 Gohap6 (Fraud). The judgment became final and conclusive thereafter.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The parties' assertion 1) The defendant borrowed the instant money from the plaintiff and received KRW 300,00,000 from the plaintiff while being aware that there was no particular income from the plaintiff at the time, and therefore, it can be deemed that the defendant participated in the act of defraudation of C. Even though the defendant did not participate in the act of defraudation of C, since C transferred KRW 300,000,000 out of the instant money to the defendant's account, it can be deemed that the defendant acquired it without any legal ground. Therefore, the defendant is obligated to pay KRW 300,000 as a preliminary return of unjust enrichment with compensation for damages caused by joint tort, and the defendant claimed KRW 10,00,000 from the partial claim, and the defendant did not participate in the act of defraudation of the instant money.
In addition, the defendant's spouse, C, the father of C, and the defendant lent C a KRW 400,000,000 on December 18, 2009, and KRW 50,000,00 on January 6, 2010, and C paid the defendant KRW 300,000,000 out of the amount of this case to the defendant upon repayment of the loan, so the defendant made unjust enrichment.