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1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 200,000,000 on August 9, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. B’s joint and several liability obligations and related criminal cases (1) Es Savings Bank Co., Ltd. (hereinafter “Es Savings Bank”) made and submitted a false business plan in the name of the borrower C Co., Ltd. (hereinafter “C”) and D (hereinafter “D”), and made an application for a loan. On May 27, 2010, C and D made a loan of KRW 35 billion in total by setting the expiry date of each credit period as of May 27, 2012.
B has jointly and severally guaranteed the debt of each of the above loans of C and D.
(2) B is suspected of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) that, in collusion with E and F, an executive officer of AS Savings Bank, had no capacity to implement the project as E and D, and that the business plan submitted to AS Savings Bank was false, and caused the above company to obtain property benefits and losses equivalent to the above amount by having ES Savings Bank borrow 35 billion won. ② As such, the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) that arbitrarily used the above 35 billion won.
E, F, an executive officer of the ES Savings Bank, was convicted of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation).
B. B’s transfer and use of KRW 200 million to the Defendant, as described in the foregoing paragraph (a), deposited some amount of KRW 17.5 billion out of the loan received under the name of D, into the account of G Co., Ltd. (hereinafter “G”), and one’s multiple accounts. On December 6, 2010, the said amount deposited KRW 200 million out of the said amount into the account of his own Jeju Bank and deposited it into the Defendant’s account.
(2) On December 7, 2010, the Defendant, at the Jeju District Court H real estate auction procedure, added up the money borrowed from the said KRW 200 million and the bank in its name, to the proceeds of the auction property 851.