1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasons why the court is to use for this case are as follows: “ September 27, 2005” in Part 2, 2, 19 of the judgment of the court of first instance shall be “ July 29, 2005” and “the plaintiff” in Part 3, 20 shall be as stated in the reasoning of the judgment of the court of first instance, except where “the plaintiff” is “the bank,” and it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) The court below rejected the plaintiff's claim on the ground that "The defendant, who subrogated for the loan debt of this case, did not include the secured debt of this case in the secured debt of this case, was entitled to transfer part of the secured debt of this case from our bank, which is the creditor, and thereby, received reimbursement from the plaintiff, and obtained unjust enrichment of the above amount equivalent to the secured debt of this case without any legal ground." The court of first instance is reasonable to deem that the loan debt of this case is included in the secured debt of this case. Even if it is not so, the defendant received a part of the secured debt of this case from our bank according to the secured debt transfer contract concluded with our bank, and the plaintiff arbitrarily paid the secured debt of this case to the defendant, so long as the loan debt of this case does not include the secured debt of this case, the defendant cannot be deemed to have obtained unjust enrichment of the amount equivalent to the above secured debt of this case without any legal ground." The plaintiff's claim of this case is justified in the judgment of the court of first instance as the judgment of first instance.