1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. On October 14, 2014, the Plaintiff borrowed KRW 35 million from Nonparty C as the interest rate of KRW 1.5% per month and the due date of repayment on October 14, 2015.

B. On November 25, 2014, the Plaintiff borrowed KRW 35 million from Nonparty D with the Defendant’s introduction, and the said D paid the Defendant KRW 35 million.

C. On November 25, 2014, the Defendant remitted KRW 30 million to C.

[Ground of recognition] Facts without dispute, Gap evidence 2 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant decided to remit the Plaintiff’s loan amount of KRW 35 million to C on behalf of the Plaintiff to repay the Plaintiff’s loan amount of KRW 35 million, but the Defendant, of which amount to KRW 30 million was remitted to C, and acquired by deception or unjust enrichment, must be returned to the Plaintiff.

B. The Defendant, on behalf of the Plaintiff, remitted the Plaintiff’s loan amount of KRW 35 million to C, and fully repaid KRW 5 million by cash. The Plaintiff returned the loan certificate from C. Thus, the Defendant cannot respond to the Plaintiff’s request.

3. In full view of the purport of the entire pleadings in the statement No. 2 of the judgment, it is recognized that the Plaintiff drafted a loan certificate stating that “The Plaintiff did not pay KRW 5 million out of KRW 35 million to E on August 25, 2015, and thus, the Plaintiff paid KRW 5 million up to November 25, 2015.”

On the other hand, in full view of the facts without dispute, and the purport of the entire pleadings as to witness E of the first instance trial, C may recognize the fact that it returned the loan certificate to the Plaintiff on October 14, 2014, regarding KRW 35 million.

According to the above facts, the Plaintiff appears to have received the full repayment of the loan amount of KRW 35 million through the Defendant and received the return of the loan certificate.

After about nine months from the date of transfer to C of the above borrowed amount, the Plaintiff prepared to E, an infant of C, the amount of KRW 5 million.