1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The Plaintiff, C, and the Defendant engaged in the respective building business, and used the office located in the Woosan-gu Seoul Special Metropolitan City D from December 2008 to November 201, 2010, which was leased under the name of the Plaintiff.

B. C, which is in bad credit standing, entered into an agreement with the Plaintiff on the business registration under the Plaintiff’s name and the company bank deposit account (hereinafter “instant account”) for its own business, with a view to paying a certain portion of the total amount received through the instant account through settlement at the end of the year.

C Subsequent, with the Plaintiff’s cooperation, made a financial transaction necessary for its own business by using the instant account.

C. On December 24, 2009, the Plaintiff remitted the amount of KRW 24 million from the instant account to the Defendant (hereinafter “instant remittance”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 2, testimony of witness C of the first instance trial, purport of whole pleadings

2. The parties' assertion

A. On December 24, 2009, the Plaintiff lent KRW 24 million to the Defendant by means of remitting money as above. If the amount of remittance in this case is not the Plaintiff’s lending to the Defendant without any legal cause, the Defendant is obligated to return the said amount to the Plaintiff as unjust enrichment. 2) Meanwhile, the Plaintiff subcontracted to the Defendant the part of the unclaimed construction (hereinafter “the unclaimed construction”) during the military industry extension work of the F&C hospital, and the Plaintiff did not pay KRW 5 million out of the construction cost.

Therefore, around September 201, the Plaintiff expressed to the Defendant the intent to offset the amount of KRW 5 million out of the Defendant’s loans to the Defendant’s unclaimed Construction Costs Claim and the Plaintiff’s loans regarding the remittance amount of the instant unclaimed Construction Costs.

3) Therefore, the Defendant’s return of loan or unjust enrichment to the Plaintiff amounting to KRW 19 million (=24 million).