1. Of the judgment of the court of first instance, the part against the Defendants relating to the conjunctive claim shall be revoked, and that part shall be revoked.

Facts of recognition

around June 2007, Defendants and G signed a letter of appointment of counsel who appointed attorneys I and J as counsel in the defamation complaint case against H.

On June 28, 2007, the Plaintiff borrowed KRW 5,500,000 from G to the above attorney-at-law's account at the request of Han-nam University Credit Union to repay if it was loaned KRW 5,500,000. G jointly and severally guaranteed the Plaintiff's above loan obligation. At the request of the Plaintiff, the above loan was transferred directly from the account of Hannam University Credit Union to the above attorney-at-law's account.

G At that time, G requested the Plaintiff to receive a loan because it is not possible to become a principal debtor due to a large amount of debt to the Korea National University Credit Union at that time, and the Plaintiff did not request the Defendants not to obtain a joint and several guarantee.

On January 2012, the Plaintiff was above G around 2012.

There is a demand to repay 5,500,000 won borrowed from the subsection.

[Grounds for recognition] In the absence of dispute, Gap evidence 1-2, Gap evidence 2-3, Eul evidence 2-2, Eul evidence 2-3, Eul evidence 2-3, and the court of first instance's fact inquiry about Eul's attorney-at-law of the court of first instance, the plaintiff's argument as to the plaintiff's conjunctive claim as to the whole's conjunctive claim as to the purport of the whole pleading was transferred to the attorney-at-law's account appointed by the defendant to pay 5,500,000 won as a substitute for the attorney-at-law's appointment.

Since an attorney-at-law appointed by the Defendants performed legal affairs and paid the appointment cost to the Plaintiff, the Defendants are obligated to return the amount equivalent to the appointment cost to the Plaintiff as unjust enrichment. In addition, the Plaintiff paid the Defendants’ attorney-at-law fees through administrative management without the request of the Defendants. Therefore, the Defendants are obligated to return the said amount to

The third party, the party to the contract, who has provided services or services under the contract, shall be the party to whom the benefits accrue.