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

Purport of claim and appeal

The first instance court.

A. On August 13, 2013, the Plaintiff borrowed KRW 10 million from the Defendant as of July 12, 2014 (hereinafter “the instant loan obligation”).

B. On July 21, 2016, C borrowed KRW 10 million from the Defendant as of December 31, 2017, setting the maturity period from the Defendant as of December 31, 2017. At the time, the Plaintiff as a joint and several surety (hereinafter “instant joint and several surety obligation”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff paid KRW 20 million to the Defendant, including KRW 6 million in cash paid directly to the Defendant on November 7, 2017 with the repayment of the joint and several surety obligation of the instant case. Therefore, the Defendant is obligated to return the excess amount of KRW 10 million to the Plaintiff as unjust enrichment.

B. Determination 1) The fact that the Plaintiff paid KRW 100,000 to the Defendant on February 10, 2017, March 10, 2017, April 11, 2017, May 10, 2017, and June 17, 2017, KRW 3 million on October 27, 2017, KRW 6 million on the account under the name of the Plaintiff’s 300,000,000 to the Defendant on November 7, 2017, and that the Defendant paid KRW 14 million on the account under the name of the Plaintiff’s 30,000,000 to the Defendant on March 16, 201, each of the instant documents was insufficient to recognize that the Plaintiff paid KRW 601,60,000 to the Defendant on March 18, 2016, respectively.