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

A. On June 26, 2017, the Defendant paid KRW 200 million from D as the fee (hereinafter “instant fee”) on condition that deposit of KRW 10 billion in the C Saemaul Savings Depository was made, but thereafter, the said deposit agreement was not fulfilled.

B. Accordingly, on August 25, 2017, the Plaintiff sought payment on the ground that D received the instant claim for the refund of the instant fee from D.

2. As to the judgment, the Defendant received the instant fees from non-D, and confiscated the instant fees according to the agreement with E, and apart from this, D already returned KRW 20 million from E, so the Plaintiff’s claim is unjust.

However, the evidence presented by the Plaintiff alone is insufficient to recognize that the contracting party is D, which can seek the return of the instant fee only with the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it.

Rather, according to the statements in Eul 1, 2, and 3, and witness D's testimony, the above 10 billion won deposit agreement was concluded with the purport that Eul secured its repayment in the course of borrowing 10 billion won from the defendant for a short period of time from the defendant, in order for the defendant to deposit 10 billion won into the Korea Saemaul Depository under the condition that the defendant is issued a certificate of payment guarantee, a certificate of corporate seal impression, etc., and D merely remitted the fees of this case to the defendant upon the request of Eul as the president of the Korea Saemaul Depository. The above 10 billion won deposit agreement was merely remitted to the defendant as the president of the Korea Saemaul Depository. The above 10 billion won deposit agreement was not carried out since it was not delivered a certificate of payment guarantee, a corporate seal imprint certificate, etc. from the Korea Saemaul Depository, and separately received 200 million won from Eul, and in full view of these circumstances, the parties to the contract that paid the fees of this case pursuant to the above 10 billion won deposit agreement shall be deemed to be E.

Therefore, this case.