1. The plaintiff's primary claim and the conjunctive defendant are all dismissed.

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

Basic Facts

The following facts may be acknowledged by taking into account the respective descriptions of Gap evidence 1, Eul evidence 1 and 4 (including the branch numbers if there is no dispute between the parties, or the whole purport of pleadings:

On May 29, 2008, the Plaintiff remitted KRW 29,642,00 to Defendant B’s account.

(hereinafter “instant payment”). Defendant B requested the purchase of shares by remitting the said money to D’s account that traded stocks outside the country on the same day.

Accordingly, D prepared documents to sell approximately 5,500 shares of E non-issuance of share certificates to Defendant C, and as of the end of 2008, Defendant C was listed as holding 11,730 shares on the E’s list (the sum of the above shares and the existing shares).

Plaintiff’s assertion

The Plaintiff became aware of Defendant B through Defendant C, a branch, and leased the instant payment upon Defendant B’s request that money is needed for the purchase of shares.

Therefore, Defendant B is primarily liable to pay the said money and its delay damages to the Plaintiff.

(A) If Defendant B did not borrow the instant payment from the Plaintiff, Defendant C is obligated to repay the instant payment to the borrower (the primary claim against Defendant C). If the instant payment is not a loan, but an investment loan, Defendant C is obligated to acquire shares of the Plaintiff and obtain profits without any legal cause and incur losses from the failure to return the instant payment or shares, thereby incurring losses to the Plaintiff. Thus, Defendant C is obligated to pay the said payment and delay damages with the return of unjust enrichment.

(Preliminary Claim against Preliminary Defendant C). The act of remitting money to another person’s deposit account by means of a transfer of the principal claim for loans to the Preliminary Defendant, etc. is various, such as loans for consumption, investment, donation, repayment, etc.