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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. From the account under the title of basic facts E, KRW 3,00,000 on December 1, 2015; KRW 20,000,00 on December 4, 2015; KRW 10,000 on December 15, 2015; KRW 10,000 on December 17, 2015; KRW 10,000 on December 17, 2015; KRW 10,000 on January 14, 2016; KRW 20,000 on January 15, 200, from the account under the name of the selected stock company C; KRW 0,000 on February 40, 200 on deposit in the name of the Plaintiff (Appointed Party); and KRW 00,00 on deposit in the name of the Defendant Company 0,00 on May 16, 201, respectively; and
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings
2. The parties' assertion
A. The Defendant asserted that the Plaintiff (Appointed Party) and the appointed parties would be sexually aware of each bank right loan of ten billion won in real estate owned by the Plaintiff (Appointed Party) and the appointed parties through G with the Defendant’s punishment, and did not receive money from the Plaintiff (Appointed Party) and the appointed parties under the pretext of brokerage fees, etc. even though they received money from the Plaintiff (Appointed Party) upon delegation of the duties of arranging real estate mortgage loans and received money from the appointed parties.
Therefore, the defendant is obligated to return money received from the plaintiff (appointed party) and the appointed party as compensation for damages caused by the tort or the return of unjust enrichment after the completion of delegated duties.
B. The Defendant asserted that the Defendant was delegated with the business of selling real estate owned by the Plaintiff (the appointed party) and the appointed party, F’s father, and G, which is the Plaintiff’s actual operator and F’s husband, with the appraisal request for a secured loan, etc. Accordingly, the Defendant requested the market appraisal for real estate sale and a secured loan owned by the Plaintiff (the appointed party) and the appointed party, and subsequently performed the business of selling real estate and arranging a secured loan based on the appraisal price, etc. under each appraisal document.