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

In addition, the defendant borrowed 25 million won from the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 37,046,829, totaling KRW 37,046,829, and delay damages for the unjust enrichment of KRW 6,40,000,000 for boiler 1,000,000 for the principal and interest of loan repaid by the Plaintiff.

2. Determination

A. In relation to the Plaintiff’s 6.4 million won of boiler, the Defendant asserted that the Defendant paid 6.4 million won per 1 unit of boiler to the Defendant, 2.8 million won per 1 unit of the boiler installed, and the Defendant did not install the remainder of 1 unit of the boiler, and thus, the remaining 6.4 million won should be returned to the Defendant.

Comprehensively taking account of the purport of the argument in Gap evidence No. 2 (the police opinion on June 24, 2015), on April 1, 2010, the Plaintiff entered into a contract with Samsung Card to pay KRW 7.8 million for the electric boiler and the toilet construction cost in the housing located in the Measures Agency. On the following day, the Plaintiff entered into an installment financing agreement with Samsung Card; on April 6, 2010, the Plaintiff entered into an agreement with Samsung Card to pay KRW 5 million for the installation of boiler and cement construction cost in the housing located in the Plaintiff’s Cheongju-ju; the Plaintiff entered into an installment financing agreement with Samsung Card; thereafter, on May 13, 2010, the Plaintiff transferred KRW 12.8 million to the Defendant; the Defendant installed a boiler in the housing located in the Measures Agency and completed the boiler and cement construction work in the housing located in the Cheongju-ju.

In addition, there is no evidence to prove that the Defendant did not perform the construction work despite the Defendant’s receipt of KRW 12.8 million from the Plaintiff as two of the boilers.

(b)the principal and interest of loans of KRW 5,646,829;