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

1. The Plaintiff joined three circles, and filed a claim for the return of the fraternity or the payment of the fraternity. The judgment of the court of first instance accepted only the claim for return of the deposit amount of KRW 6.8 million paid to the fraternity organized as of October 5, 201, and dismissed the Plaintiff’s remaining claims.

Since the defendant appealed only, the scope of the judgment of this court is limited to the claim for return of the deposit amount to the fraternity organized as of October 5, 2011.

2. The Defendant, from October 5, 201, organized a fraternity (13 members and 1700,000 won per unit; hereinafter “instant fraternity”) which started from October 5, 201, and the Plaintiff joined the Defendant as a member of the fraternity of the said fraternity Nos. 3 and 12, and paid the Defendant a total of KRW 6,80,000 (1.7 million per unit x 2 unit x 2) over two occasions, but the fact that the instant fraternity was no longer established does not conflict between the parties.

According to the above facts of recognition, the defendant is obligated to return to the plaintiff the total payment amount of KRW 6.8 million and damages for delay as unjust enrichment, unless there are special circumstances.

3. Judgment on the defendant's defense

A. On March 21, 2012, the Defendant asserted that the Plaintiff paid the same amount to the Plaintiff by deducting the amount of KRW 2 million from the limit amount to be paid by the Plaintiff on April 11, 2012, when the Plaintiff joined the fraternity as of March 21, 2012, the Plaintiff asserted that the Plaintiff paid KRW 5 million from the limit amount to be paid by the Plaintiff on April 11, 2012, after deducting the amount of KRW 2 million from the remainder of KRW 3 million in order to refund the limit amount to be paid by the Plaintiff. 2) The entry of the evidence No. 3 alone is insufficient to acknowledge that the Defendant paid the same amount to the Plaintiff by deducting the amount of KRW 2 million from the limit amount to be paid by the Plaintiff. Therefore, this part of the Defendant’s assertion is without merit.

B. The Defendant’s defense of the repayment of KRW 3 million was determined on August 5, 2012, and the Plaintiff joined the fraternity as of June 25, 2012 and joined it from the Plaintiff on August 5, 2012.