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. As to the defendant's claim on the trust of lawsuit between B and B, the plaintiff asserted that the transfer of claim between B and the plaintiff constitutes a trust of lawsuit, the main purpose of which is to allow litigation is to be conducted, and thus, the transfer of claim between B and the plaintiff is invalid.

However, in light of the fact that the Plaintiff is a juristic person established for the purpose of running bond purchase business, etc. and that there is no special relationship between B and the Plaintiff, etc., it cannot be deemed that the assignment of claims between B and the Plaintiff constitutes a litigation trust with the main purpose of enabling litigation. Therefore, the Defendant’s assertion is

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the defendant is able to find out to B as soon as possible the chain store in Jeju-dong, while paying part of the chain store contract amount in advance, and the defendant paid 10,000,000 won to the defendant. However, the defendant did not set up the chain store in Jeju-dong, as soon as possible, in Jeju-dong, to B.

Since the contract was not concluded between B and the Defendant as soon as possible with respect to the establishment of chain stores, the Defendant’s act of embezzlement is to obtain 10,000,000 won without any legal cause or to refuse to return KRW 10,000,000 to B.

Therefore, the Defendant is obliged to pay KRW 10,000,000 to the Plaintiff who acquired the claim for return of unjust enrichment claim or damage claim due to tort from B, and the delay damages therefrom.

B. Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3, evidence Nos. 3 and evidence Nos. 1 through 3 as well as the overall purport of the pleadings in the testimony of witnesses B of the party trial, the Defendant was the head of the headquarters of D, a corporation established for the purpose of operating the party headquarters as soon as possible, and the Defendant was aware of the facts as soon as possible in Jeju around February 2013.