1. Of the judgment of the court of first instance, KRW 32,623,620 against the Plaintiff and its related amount from September 22, 2017 to September 4, 2019 against the Defendant.

1. The reasoning of the court’s explanation as to this case is as follows, except for the case’s dismissal as set forth in paragraph (2) above, the part of “the theory of lawsuit” as set forth in Article 420 of the Civil Procedure Act, which is set forth in Section 5 of the judgment of the first instance.

(B) According to Articles 748(2) and 749(2) of the Civil Act, a malicious beneficiary who has been maliciously paid to the Defendant on February 2, 2017, with interest added thereto, shall compensate for any loss incurred, and if a bona fide beneficiary loses his/her right, he/she shall be deemed a bona fide beneficiary from the time the lawsuit was brought. In such cases, “when a lawsuit is brought” means when a lawsuit seeking return of unjust enrichment is pending, i.e., when a copy of the complaint is delivered to the Defendant (see, e.g., Supreme Court Decisions 2012Da119481, Feb. 13, 2014; 2016Da4181, Aug. 18, 2016). Since the Plaintiff paid 32,620,620 won to the Defendant on September 12, 2017, the Defendant is obligated to pay 30% of the total amount of delay damages to the Plaintiff as stated in the Civil Act, 32626.26.1.

3. As such, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed for reasons. Since the judgment of the court of first instance is partially unfair, the part against the defendant ordering payment exceeding the above scope of recognition among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is dismissed, and the defendant's claim is dismissed.