1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion

A. The Plaintiff, from around 2000 to around 34 million won from the Defendant, deposited money with approximately 3 to 3% a short-term and interest rate of 2 to 3 months and borrowed 2 to 3 times at a time. On February 28, 2003, the Plaintiff borrowed 3 million additional 3 million won, and issued a receipt and delivered 10 million won promissory note to the Defendant.

(hereinafter “instant loan”). (b)

After that, the Plaintiff paid interest on the above loan, and paid all the loan by issuing a cashier's check ( check number D) at par value of 10 million won on August 29, 2003 and paying it to the Defendant.

C. The plaintiff paid KRW 29,404,240 to the defendant from February 28, 2003 until April 17, 2009. The plaintiff also paid the above amount.

Inasmuch as the instant loan was fully repaid as stated in the foregoing paragraph, the Defendant is obligated to return to the Plaintiff the total amount of KRW 27,124,000,000, which received double repayment.

The plaintiff on domestic affairs B.

Even if the repayment of the instant loan is not recognized as having been made as stated in the foregoing paragraph, 29,404,240 won paid by the Plaintiff to the Defendant is paid in excess of the principal amount of KRW 2,420,00, interest rate of KRW 4,856,040 as stated in the attached Form “in excess of principal and interest,” and thus, the Defendant is obligated to return the Plaintiff’s unjust enrichment totaling KRW 7,276,040.

2. Determination

A. First, we examine whether the Plaintiff paid a cashier's check to the Defendant on August 29, 2003 at par value of KRW 10 million and repaid all of the instant loans.

As a result of the reply to the request for submission of financial transaction information to a Korean bank, the court of first instance, in full view of the purport of the entire pleadings, even though the plaintiff was issued a cashier's check (Korean Bank Check No. D), it is recognized that the plaintiff was paid the above check to the defendant, and there is no evidence to acknowledge that it was paid to the defendant.