1. The plaintiff's claim against the defendants is dismissed.

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

1. Summary of the plaintiff's assertion

A. On September 7, 2012, the Plaintiff, the representative of Defendant B Limited Partnership (hereinafter “Defendant Company”), lent KRW 45 million to the Defendant’s deposit account, and leased the amount of KRW 45 million to the Defendants. As such, the Defendants are jointly and severally liable to pay the Plaintiff the loan amounting to KRW 45 million and the interest and delay damages.

B. Since D, an employee of the Defendant Company, who is an employee of the Defendant Company, borrowed money to be used for an individual purpose for the payment of the construction cost from the Plaintiff, thereby causing damages equivalent to KRW 45 million to the Plaintiff, the Defendant Company is liable for damages under Article 756 of the Civil Act, and the Defendant C, as a joint tortfeasor, is liable for damages as an employer under Article 756 of the Civil Act, and aided and abetting D’s illegal acts by lending a deposit account, thereby

In addition, the defendants are responsible for compensating the plaintiff for damages because they committed illegal acts that lend their licenses to D in violation of the Framework Act on the Construction Industry, thereby causing considerable damages to the plaintiff.

In addition, since the money lent by the Plaintiff was used in the work performed by the Defendant Company, the Defendants obtained benefits without any legal grounds, the Defendants are obligated to return unjust enrichment.

2. Determination

A. On September 7, 2012, upon receipt of a request from D to lend construction costs related to E (hereinafter “instant construction”) from D, the Plaintiff wired KRW 45 million to a deposit account in the name of the Defendant C, the representative of the Defendant Company, to the Defendant C on September 7, 2012, and the fact that the Defendant Company prepared and issued the proxy, director’s certificate, and director’s certificate to D in relation to the instant construction project is either not in dispute between the parties or may be acknowledged by the statement in subparagraph 1 through 5.