1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. On March 27, 2015, the father C of the Defendant: (a) written the name of the Defendant in the issuer column of the loan certificate that contains the effect of borrowing KRW 41 million from the Plaintiff up to September 30, 2015 (hereinafter “the loan certificate in this case”); and (b) affixed the Defendant’s seal impression next thereto.

On March 26, 2015, the preceding day before the defendant issued a certificate of the personal seal impression to C, and C issued the above certificate to the plaintiff while preparing it.

B. On March 27, 2015, the Plaintiff transferred KRW 40 million (hereinafter “instant money”) to the Defendant’s Agricultural Cooperative Account (D; hereinafter “Defendant Account”) under the name of wife E (hereinafter “instant money”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 6, 9 (including each number in case of provisional number), Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff C borrowed the insufficient purchase price from the Plaintiff when purchasing land under the Defendant’s name with the delegation of the Defendant.

Therefore, the Defendant is obligated to return to the Plaintiff the loan amount of KRW 40 million and the agreed interest of KRW 1 million in total of KRW 41 million.

(State) (Grounds for Claim). Even if not, the Defendant received the instant money from his own account without any legal cause and incurred the Plaintiff’s damages equivalent to the same amount, and thus, the Defendant ought to return KRW 40 million unfairly earned.

(Preliminary Claim). (b)

Defendant 1) The Defendant did not allow C to prepare the instant loan certificate under the name of the Defendant. 2) C sold to the Plaintiff 500 square meters of the 1st floor factory building of the two parcels outside the FF in Namyang-si. The Plaintiff was paid KRW 40 million out of the sales remaining amount of KRW 63 million.

However, the Plaintiff requested C to prepare a loan certificate, which added interest of KRW 1 million, and C did not have any problem, and prepared the loan certificate of this case without the Defendant.

3. Determination

(a) the number of money between the Parties;