1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On April 2017, the Plaintiff: (a) drafted and entered into a contract on the transfer and takeover of claims (hereinafter “instant contract on the transfer of claims”) stating that a promissory note amounting to KRW 200,000,000 against C (hereinafter “instant claim”) shall be transferred to the Defendant in KRW 100,000,000; (b) the Plaintiff transferred the instant claim to the Defendant.

(hereinafter “instant assignment contract”). B.

On April 10, 2017, the Defendant notified C of the assignment of the above credit, and received KRW 120,000,000 from C’s inheritor on October 30, 2017. Of them, the Defendant paid KRW 20,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff (Selective Claim)’s transfer contract of this case was made by the Plaintiff with the delegation of the Defendant of the claim collection amounting to C (120,000,000 won, excluding the Plaintiff’s claim amounting to KRW 80,000,000, excluding the Plaintiff’s claim amounting to KRW 80,000) to the Defendant. As such, the Defendant is obligated to return to the Plaintiff the remainder of KRW 100,000,000, excluding the Plaintiff’s claim amounting to KRW 120,000,000, which the Defendant returned to the Plaintiff out of KRW 120,000,000, which the Defendant returned to C’s inheritor, as unjust enrichment. 2) Since the Plaintiff cancelled the transfer contract of this case, the Defendant is obligated to return the remainder of KRW 120,000,000,000, which was refunded to the Plaintiff out of KRW 120,000,00.

B. Defendant’s assertion 1) The instant assignment contract is not a false declaration of intention, but a genuine transfer contract. 2) At the time of the instant transfer contract, the Plaintiff concealed the existence of KRW 80,000,000 against C and transferred the claim to the Defendant. The Defendant actually paid KRW 20,000,000, excluding the Plaintiff’s obligation to C out of KRW 100,000,000, the remainder of KRW 100,000.