1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. D (hereinafter “D”) is a company that engages in construction machinery rental business, and the Plaintiff is the representative of D.

D substantially operated E, the Plaintiff’s spouse, and as E received brain-disease treatment around December 30, 2015, the Defendants, the E’s siblings, were operated.

B. According to the transaction details of the Plaintiff’s new bank account in the name of the Plaintiff (hereinafter “instant account”) related to D operations, KRW 18,000,000 from January 2, 2016 to October 201 of the same year to Defendant B, and KRW 42,779,920, respectively, were transferred to Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. After the Plaintiff’s assertion E received treatment due to brain disease, D operated by the Defendants. As alleged by the Defendants, Defendant B’s monthly wage of KRW 1,60,000, and Defendant C’s monthly wage of KRW 3,500,000, as claimed by the Defendants, the Defendants Company B unjust enrichment of KRW 2,00,000 (= KRW 18,000,000 transferred to Defendant B - KRW 16,00,000 for ten months) and Defendant C’s payment of KRW 7,779,920 (= KRW 42,779,920 transferred to Defendant C).

Therefore, the defendants are obligated to pay the above money to the plaintiff.

B. In light of the reasoning of the judgment, it is insufficient to recognize the Defendants as unjust enrichment of each of the above money solely on the ground that the Plaintiff asserted, and there is no evidence to acknowledge otherwise

Rather, the following circumstances, which are acknowledged by comprehensively taking account of the aforementioned evidence, Gap evidence No. 5, the order issued by the court of first instance to submit tax information and the results of the order given by the court to submit tax information and the overall purport of the pleadings, namely, ① Defendant B operated D (before January 2016) and approximately KRW 4,200,000, Defendant C received monthly payment, and then the Defendants received the money transferred from the instant account to the Defendants’ account.