1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

1. The summary of the Plaintiff’s assertion (Grounds for appeal) was paid to the Defendant on December 28, 2007, KRW 45 million, KRW 45 million on January 16, 2008, KRW 30 million on April 28, 2008, KRW 160 million on July 24, 2008, and KRW 160 million on July 24, 2008, and KRW 160 million (hereinafter “the instant money”), but the Defendant did not deduct the instant money from the sale price, even though it paid the Defendant as the sale price.

Therefore, since the Defendant acquired the instant money received from the Plaintiff without any legal ground, it shall return it to the Plaintiff as unjust enrichment.

2. The reasoning for this part of the reasoning is as follows, and the corresponding part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this part of the reasoning is cited pursuant to the main sentence of Article 420 of the

Provided, That the second part of the judgment of the court of first instance is "a company shall be" and "a company" shall be "a company."

3. Determination

A. The Plaintiff is a sales agency fee paid by the Defendant for the instant money, and the Plaintiff asserts the said money on the premise that it is the Plaintiff’s funds.

However, according to the statements and arguments set forth in Gap evidence Nos. 6, 7, and 13, the plaintiff received the money from the defendant on December 28, 2017: ① the amount of KRW 49.5 million on January 16, 2008, KRW 49.5 million on April 28, 2008, KRW 33 million on July 24, 2008, and KRW 45 million on the date of receiving the money as above; ② The plaintiff withdrawn the money from the defendant on a check, KRW 30 million on a deposit basis, KRW 45 million on a deposit basis, KRW 4,5 million on a deposit basis, KRW 40 million on a deposit basis, and KRW 206,000 on a deposit basis with the defendant on a deposit basis set forth in the above evidence No. 13 (the money of this case); ③ The plaintiff again received the money from the defendant on a deposit basis set forth in the tax invoice No. 2005,207.