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. The reasons why this court should explain are as follows: (a) the 7th sentence of the second sentence “B” of the judgment of the court of first instance to “ October 31, 2015”; and (b) the citing evidence to add “the results of fact inquiry with respect to permanent residence of the court of first instance” to “the results of fact inquiry with respect to permanent residence of the court of first instance”; and (c) the citing evidence is the same as the part of “1. Basic Facts” of the judgment of the court of first instance; and (d) thus, they are cited in accordance with the main sentence of Article

2. The plaintiff's assertion

A. The Plaintiff’s deposit in the instant account under the name of the Defendant was KRW 75 million on September 15, 2015, KRW 125 million on October 20, 2015, KRW 125 million on October 20, 2015, KRW 125 million on October 22, 2015, and KRW 695 million on December 31, 2015, and KRW 1 billion on December 31, 2015, as the cause of the loan is a monetary loan. Therefore, the Defendant is obligated to refund the Plaintiff’s above KRW 1 billion and delay damages therefrom.

B. Even if the Defendant was to receive the above KRW 1 billion from “C”, as long as the Plaintiff paid the above money to the Defendant with the intent of lending, the said money that the Defendant received from the Plaintiff did not comply with the intent to act as to the cause of payment, and was paid without any legal cause.

Furthermore, even if C donated the above money to the Defendant, as long as the said money was transferred from the Plaintiff’s account to the instant account, the Defendant knew that the said money was the Plaintiff’s money or was not aware of gross negligence, the Defendant acquired the said money without any legal ground in relation to the Plaintiff.

Therefore, the defendant is obligated to return the above KRW 1 billion and interest thereon to the plaintiff as unjust enrichment.

3. Determination

A. We examine whether to recognize the lending relationship, the Plaintiff deposited KRW 1,00,000,000,000 around September 15, 2015 to the instant account under the Defendant’s name, KRW 125,000,000 around October 20, 2015, KRW 125,000,000 around October 22, 2015, and KRW 695,00,000 around December 31, 2015, including KRW 1,02,00,000,000,00 around December 31, 2015.