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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On April 26, 2011, the Defendant entered into a long-term rental car contract (hereinafter “instant contract”) with Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) with which the Defendant would set sirens as KRW 3,268,00, monthly rent of KRW 1,070,960, and the period from April 28, 201 to 36 months, and paid KRW 3,268,000 as the said deposit in Hyundai Capital.
B. The Defendant conspireds with E from around 2010 to around 2013, and the Plaintiff is the birth of E.
C. The Plaintiff operated the instant vehicle from around September 2012, and deposited KRW 3,500,000 to the Defendant’s account on September 5, 2012.
Around February 7, 2014, the instant contract was cancelled on the grounds of overdue rent, etc., and the Defendant was returned KRW 1,531,135 out of the deposit from Hyundai Capital Capital at that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 6, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that: (a) around September 5, 2012, the Plaintiff received a proposal from the Defendant to provide the Defendant with KRW 3,500,000,000 of the instant contract; and (b) accepted the proposal to pay monthly rent while driving the instant vehicle on behalf of the Defendant; (c) deposited the said amount to the Defendant on September 5, 2012; and (d) acquired and operated
However, the amount actually paid by the Defendant to Hyundai Capital was KRW 3,268,000, and the Defendant received 1,580,000 in the balance of the deposit from Hyundai Capital Capital.
Therefore, the Defendant obtained 232,000 won (i.e., KRW 3,500,000 - KRW 3,268,000) calculated by subtracting the amount actually paid by the Defendant from the amount that the Defendant received from the Plaintiff as security deposit from the amount that he received as security deposit (i.e., KRW 1,580,000 in total, KRW 1,812,00 in total, and KRW 1,812,00 in total) and the Defendant obtained without any legal cause. Therefore, the Defendant