1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Summary of the parties' arguments

A. On August 6, 2010, the Plaintiff asserted that: (a) subcontracted a new apartment construction work among the new apartment construction works in the vicinity of Seoyang-si, Namyang-si; (b) Defendant D, a accounting employee of E, gave notice of the Plaintiff on September 5, 2010 that “E would lend KRW 5 million to the Plaintiff”; and (c) the Plaintiff sent the account number in the name of Defendant C, the husband of the said Defendant, to the account in the name of Defendant C on September 6, 2010.

However, the Defendants did not deliver 5 million won remitted from the Plaintiff to E and used it individually.

Therefore, the Defendants shall jointly and severally return the above five million won to the Plaintiff as unjust enrichment.

(The plaintiff asserted that the defendants borrowed five million won from the plaintiff in the first instance court, and the court changed the above contents. (B)

The Defendants’ assertion that Defendant D did not have worked as the E’s accounting employee, and the Defendants did not know the Plaintiff, nor did the Defendants agreed to lend KRW 5 million to the Plaintiff. Since E had the money to be repaid to the Defendants, E had the Plaintiff wired KRW 5 million to Defendant C’s account, and only received payment.

2. The fact that the Plaintiff transferred KRW 5 million to the Defendant C’s account on September 6, 2010 is no dispute between the parties.

However, solely based on the evidence submitted by the Plaintiff, the Defendants acquired 5 million won from the Plaintiff by deceptioning that the Defendants “E lends KRW 5 million to the Plaintiff.”

It is insufficient to recognize that the Defendants failed to deliver it to E even after they borrowed five million won from the Plaintiff, and there is no other evidence to acknowledge otherwise.

Rather, comprehensively taking account of the evidence Nos. 2 and 1 of the evidence Nos. 1 and the purport of the whole pleadings, F (Name G), the representative director of the Plaintiff Company, is the activity cost around August 5, 2010.