The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Basic Facts

A. From the Plaintiff’s national bank account to the Defendant’s post office account, KRW 30,000,000 was transferred on January 3, 2017.

B. Since then, from the Defendant’s account to the Plaintiff’s account, KRW 600,00 won on February 3, 2017, KRW 600,00 on March 3, 2017, KRW 660,000 on April 3, 2017, KRW 60,000 on April 60, 2017, KRW 600,000 on May 3, 2017, and KRW 40,000 on June 3, 2017, and thereafter, KRW 2,940,000 on August 31, 2017, and KRW 2,940,00 on September 25, 2017, and KRW 940,000 on additional transfer.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) On January 3, 2017, the Plaintiff requested the return of loan amounting to KRW 30,000,000 by setting the interest rate at 24% per annum (payment on January 3, 201) without setting the deadline to the Defendant, and the Defendant is obligated to return the loan to the Plaintiff. 2) If the above amount is not recognized as the loan even if the claim for return of unjust enrichment was made, the Defendant obtained the profit that received KRW 30,00,000 without any legal ground in relation with the Plaintiff, and the Defendant is obligated to return it as unjust enrichment.

B. Defendant 1 did not borrow money from the Plaintiff, and KRW 10,00,000 out of the loan money was repaid by C. 2) The Plaintiff paid KRW 30,00,000 deposited into the Defendant’s account for the return of unjust enrichment to the Defendant’s account pursuant to the monetary loan contract with Nonparty C. Since the Defendant delivered the money to Nonparty upon the Plaintiff’s request, it cannot be said that the Defendant made unjust enrichment.

3. Determination as to the request for return of loan

A. The fact that KRW 30,00,000 has been transferred from the Plaintiff’s account to the Defendant’s account is as seen in the above basic facts. According to the evidence No. 3 (including the serial number), the Plaintiff’s account is KRW 500,000 on January 7, 2017, and KRW 130,000 on January 10, 2017, KRW 14,000 on January 14, 2017, KRW 130,00 on February 2, 2017, KRW 260,000 on February 130, 2017, KRW 200 on February 11, 2017, KRW 2000 on February 11, 2017, KRW 260,000 on February 260, 200 on February 21, 2017;