1. The portion on delay damages for 50,000,000 won out of the amount ordered to be paid at the trial prior to remand shall be excluded.

After remand, the first instance court rendered a judgment against the Plaintiff to dismiss the Plaintiff’s claim, and the first instance court prior to remand revoked the first instance judgment and accepted the Plaintiff’s claim in full.

As to this, only the Defendant appealed, and the Supreme Court reversed only the damages for delay in the judgment of the party prior to the remanding of the case, and remanded it to this court. As such, the remaining portion of the Plaintiff’s claim for return of unjust enrichment, excluding the part against the Defendant as to the above damages for delay, was finalized by the judgment

Therefore, the scope of this court's trial is limited to the damages for delay of KRW 50,000,000 reversed in the judgment of remand (However, for convenience, the plaintiff's grounds for appeal and the reasons for the defendant's argument shall be stated in all).

A. On September 17, 2003, the Defendant prepared a notarial deed under a monetary loan agreement with the Defendant as the principal and the Plaintiff’s agent, stating that “The Defendant: (a) on May 26, 2003, determined and lent KRW 520 million to C and the Plaintiff on September 26, 2003 as the due date for repayment and at least 60% per annum; and (b) as the Plaintiff’s agent.”

(No. 17157, 2003, No. 17157, 2003, hereinafter “notarial deed of this case”). The loan certificate which caused the No. notarial deed of this case is written by the name of the plaintiff as joint and several sureties.

B. C drafted an authentic deed of debt repayment contract (quasi-loan for consumption) with the content that loans amounting to KRW 470 million as of August 10, 2009 and September 16, 2003, maturity of payment, August 10, 2009, and 12% per annum as of August 10, 2009.

Done F, No. 662 of 2009, hereinafter referred to as "notarial deeds of 2009".

C. Based on the instant notarial deed, the Defendant applied for a seizure and collection order against the Plaintiff, which was issued by the Seoul Eastern District Court 2012TFT No. 201540, the third obligor, and three other parties, and limited to the amount claimed on September 25, 2012 as KRW 534,235,152.