1. Of the judgment of the court of first instance, KRW 30,00,000 against the Plaintiff and its related amount from March 17, 2017 to June 5, 2020 against the Defendant.

1. Basic facts

A. D (here, the husband of the Plaintiff), C (the husband of the Defendant), and E (C) made an oral conclusion of a trade agreement (hereinafter “instant trade agreement”) with the purport of establishing a corporation to carry out construction and removal projects by contributing funds of KRW 150 million in total, each of which is KRW 50 million around the beginning of January 2016, by contributing to the capital of KRW 50 million, and then dividing corporate earnings into 1/3 (hereinafter “instant trade agreement”).

B. Meanwhile, since D, C, and E (hereinafter “D, etc.”) have problems with each credit content, it was relatively reliable to raise and manage contributions through loans, etc. under the name of the Plaintiff and the Defendant, while the Plaintiff and the Defendant were to appoint officers, such as directors of the corporation to be established.

C. The Plaintiff remitted part of KRW 50 million to the Defendant’s account with respect to the instant trade agreement. However, the Defendant, C Husband and wife, and E did not contribute each share of KRW 50 million, and accordingly did not proceed with the corporate establishment procedures.

Ultimately, around August 2016, the Plaintiff, D Husband and wife, C Husband and wife, and E agreed to terminate the instant trade agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 4, and 5, witness D of the first instance trial, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, with the contribution under the instant business agreement, has a duty to return the Plaintiff’s contribution amounting to KRW 38 million to the Defendant on June 23, 2015, ② KRW 30 million on March 15, 2016, ③ KRW 30 million on June 16, 2016, and KRW 38 million on July 12, 2016. The Plaintiff and the Defendant’s husband and wife agreed to return the Plaintiff’s contribution amounting to KRW 38 million on July 12, 2016, with the agreement to complete the instant business agreement. Accordingly, the Defendant is obligated to return the said amount to the Plaintiff pursuant to the said return agreement, and even if the said return agreement is not recognized, the Plaintiff is obligated to return the said KRW 38 million on unjust enrichment according to the termination of the said business agreement.

B. The Plaintiff’s contribution under the instant trade agreement is 30 million won.