The plaintiff (Counterclaim defendant) shall pay 10,936,988 won to the defendant (Counterclaim plaintiff) and its related amount from January 30, 2020 to September 17, 2020.

1. Determination on the main claim

A. The gist of the Plaintiff’s assertion was to transfer KRW 61,70,000 to the bank account in the name of the Defendant from May 2, 2017 to July 10, 2018 at his/her own request while lending money to the Defendant’s mother C, and to return KRW 4,930,000 among them.

Therefore, the Defendant, without any legal ground, obtained a benefit equivalent to KRW 56,770,00 (=61,700,000 - 4,930,000) and incurred a loss equivalent to the same amount to the Plaintiff. Therefore, the Defendant is obligated to return unjust enrichment equivalent to KRW 56,770,000.

B. Even based on the Plaintiff’s assertion itself, as the Defendant’s agent properly pointed out, the Plaintiff’s act of remitting money to the account under the Defendant’s name is based on a lending agreement with C and thus cannot be deemed as having no legal grounds.

(A) The Plaintiff asserted that the money was remitted as above at the request of the principal office, etc., but thereafter, argued that it is separate from the loan to C, but if so, there is no explanation to obtain the payment of why the Plaintiff remitted the above money to the Defendant. Whether there was a common sense with the Plaintiff, whether the Defendant had actually gained a substantial benefit from the above money, etc., may not affect the above determination.

The plaintiff's claim for objection is without merit without examining other points.

2. Judgment on the counterclaim

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 18, 19, and Nos. 4 through 15, the Plaintiff holds bonds against C with a notary public as to the No. 249 of the Promissory Notes No. 249 of October 31, 2017 (amounting to 50,000,000, date of payment, November 30, 2017) and the Promissory Notes No. 188 of the July 20, 2018 (amounting to 112,50,000, date of payment, December 20, 2018). C dies on February 24, 2019, and the Defendant independently succeeds to the same.