1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Under the B’s proposal, the Plaintiff, who was an employee of Sejong Co., Ltd., agreed to purchase the goods of “C” (hereinafter “the goods of this case”), which were stored in Sejong LLC, and received a tax invoice of KRW 54,450,000 (including value-added tax) for the goods of this case twice from the Defendant, and transferred KRW 30,000,000,000 to the Defendant’s corporate bank account on January 7, 2016, but did not receive the goods.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. The Defendant, not the Defendant, asserts that the instant lawsuit was filed against the Plaintiff, since B, not the Defendant, bears the duty to return the goods to the Plaintiff.

However, in a lawsuit for performance, the person claiming the performance is qualified as the plaintiff, and the person claiming the performance from the plaintiff as the performance obligor is qualified as the defendant, and the existence of the standing as the plaintiff's own assertion alone does not require that the plaintiff is the actual performance obligor or the defendant is the actual performance obligor, but it is only a reason to determine whether the performance claim or the obligation to perform is actually a performance obligor, and it is not a matter to determine whether the performance claim or the obligation to perform is a party's standing before the merits.

3. Determination as to the cause of action

A. The plaintiff's assertion that the defendant holds 54,450,000 won for the goods of this case without any legal ground. Thus, the defendant is obligated to return the above amount as unjust enrichment.

B. (1) Where a party to a relevant legal doctrine contract directly provides a third party who has a different contractual relationship with the other party by shortening the process of performance through instructions, etc. of the other party to the contract (the payment is made in a deceptive relationship).