1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Determination on the cause of the claim

A. (1) The Plaintiff, as indicated in the “the details of the Plaintiff’s remittance” attached Form, remitted 60,107,000 won in total to the Defendant or his wife’s deposit account from October 27, 199 to November 26, 2002, as between October 27, 199 to November 26, 202.

(2) On February 10, 2002, the Defendant issued two promissory notes with face value of KRW 10 million to the Plaintiff and borrowed KRW 20 million from the Plaintiff. On July 20, 2002, the Defendant prepared a cash custody certificate stating that “The Plaintiff shall keep KRW 20 million in total, including the above loan amount of KRW 20 million on February 10, 2002, KRW 40 million on May 4, 2002, KRW 15,000,000 on May 15, 2002, KRW 19,000 on June 19, 2002, and KRW 20 million on July 19, 2002.”

(3) In addition, the Defendant settled the Plaintiff’s credit card amounting to KRW 8.5 million on January 24, 2003, KRW 2.5 million on February 2003, KRW 15.3 million on March 2, 2003, and KRW 15.3 million on March 2, 2003.

(4) On the other hand, on June 20, 203, with respect to the share owned by each Defendant among the above above-ground houses, the registration of creation of a neighboring mortgage with the debtor, the plaintiff, the mortgagee, and the maximum debt amount of KRW 120,000,000, was completed on June 2003.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 14, 23 (including provisional number), the purport of the whole pleadings

B. (1) According to the above facts of recognition, the Plaintiff settled the amount of KRW 125,407,00 in total to the Defendant (i.e., KRW 60,107,000,000,000 based on the cash custody certificate of KRW 50,107,000 due to remittance) to be leased or received after lease. Accordingly, according to each “the details of remittance” as stated in the attached Form, since the money transferred from the Defendant’s deposit account temporarily to the Plaintiff’s deposit account was less than the money transferred from the Defendant’s deposit account to the Defendant’s deposit account from the Defendant’s side, the Plaintiff’s assertion that the above amount of KRW 60,107,00 transferred from the Plaintiff’s deposit account to the Defendant’s deposit account is more than the amount transferred from the Defendant’s deposit account.