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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the purport of the entire pleadings in Gap evidence No. 2 and evidence No. 3 as to the cause of the claim, the plaintiff may recognize the fact that the plaintiff remitted to the defendant the total amount of KRW 45 million on April 28, 2006, KRW 20 million on June 19, 2006, and KRW 20 million on June 20, 2006, and KRW 45 million on June 20, 2006.
The plaintiff asserts that the defendant has a duty to return the above amount to the plaintiff as unjust enrichment, since the plaintiff obtained without any legal ground any profit equivalent to the above amount and suffered any loss.
A party to a contract may not claim a return of unjust enrichment against a third party on the ground that the party has received a payment without legal cause, because the party has reduced the process of performance by direction, etc. of the contracting party, and the party has directly provided a third party with another contractual relationship (in a case where the payment has been made in a deceptive relationship), and the payment has been made to the other party as well as the payment has been made to the third party of the other party.
In such a case, if one of the parties to a contract directly claims a return of unjust enrichment against a third party on the ground that the contract becomes null and void, etc. or the contract was cancelled, it would not only transfer the risk burden under a contract entered into under his/her own responsibility to a third party, which would result in a violation of the principle of contract law, but also unjust because the third party, the beneficiary, has infringed the right of defense, etc. against the other party to the contract.
(See Supreme Court Decision 2006Da46278 Decided September 11, 2008, etc.). In cases where an actor entering into a contract performs a legal act under the name of another person, for whom the actor or the title holder is deemed a party to the contract, the actor or the title holder shall first be deemed a party to the contract, as agreed upon by the actor and the other party.