1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff: (a) purchased 20 guest rooms within the Riart (E) that the non-party company was newly built from D local subsidiaries of the Philippines (hereinafter “non-party company”); and (b) the sales price payable to the non-party company as of February 26, 2009 remains.

According to the contract form prepared at the time, although the sale price should be paid in the account under the name of the non-party company, the defendant (at the time, the representative director of the defendant company and the non-party company was F) agreed to pay the sale price to the non-party company again, without the due date.

Accordingly, on February 26, 2009, the Plaintiff remitted KRW 100 million to the Defendant. On the same day, the Plaintiff and the Defendant prepared a monetary lending contract (Evidence A 1) with a receipt to prove that the Plaintiff transferred the sales price of KRW 100 million to the Defendant in the name of the Plaintiff and the Defendant.

On the other hand, around April 2010, a major shareholder of the non-party company was changed from the defendant to G stock company. On November 201, 2010, the non-party company and G stock company demanded the Plaintiff to pay KRW 122,981,340,00 of the remaining sale price and the transfer cost of registration. The Plaintiff paid KRW 100,000,000 in advance to the Defendant as above, but paid KRW 100,000 to the non-party company again on November 23, 2010.

Ultimately, the Defendant did not pay KRW 100 million received from the Plaintiff as the sale price to the non-party company, thereby making unjust enrichment.

As such, the defendant is obligated to return it to the plaintiff.

(B) The plaintiff alleged that the above KRW 100 million was lent to the defendant in the original complaint, but the plaintiff changed his claim that the above sales price was paid from the preparatory document dated December 21, 2016.

The defendant's assertion of KRW 100 million is raised from the non-party company.