1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 12, 2013, the Plaintiff applied for a loan from the National Housing Fund to a single bank for approval on December 18, 2013.

At the time, on December 10, 2013, the Plaintiff concluded a lease contract to rent a house owned by the Defendant (Seoul Metropolitan City apartment 515 Dong 301, hereinafter “instant apartment”) with a deposit of KRW 150 million, and submitted the lease contract, etc. to the bank as supporting material.

B. On December 18, 2013, Han Bank deposited KRW 98,000,000 as a lessor pursuant to a loan agreement into a financial account in the name of the Defendant, which is the lessor.

[Grounds for recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff did not actually enter into a lease agreement with the Defendant, that “if the Plaintiff lends the name necessary for the loan, he would make the interest and principal paid instead of the principal and would not cause damage to the Plaintiff, and make the Plaintiff extend the loan to the Plaintiff.” The Plaintiff did not deliver D’s loan amounting to KRW 98,00,000, not to the Plaintiff, but to allow the Plaintiff to use and benefit from the leased object.

The defendant took part in the tort of D, thereby causing property damage to the plaintiff as well as unjust enrichment of the amount of the loan.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 98,000,000 with the return of damages or unjust enrichment.

B. The Defendant also withdrawn the money deposited in the Defendant’s name account from D and delivered it to D.

The Defendant did not obtain unjust enrichment with the money loaned in the name of the Plaintiff, and did not commit a tort against the Plaintiff in collusion with D.

The plaintiff is a joint tortfeasor who conspired with D to commit a tort against the bank and divide the profits therefrom. One of the joint tortfeasor is damages against the other joint tortfeasor or related person.