1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On June 10, 2015, the Defendant joined C Co., Ltd. and retired from office on March 9, 2018 by the representative director of C Co., Ltd. to be an auditor on March 2016, and thereafter retired from office on March 9, 2018.

B. From July 2016, the Plaintiff paid KRW 1600,000 per month by raising 100,000 for the Defendant’s salary. From October 2016, the Plaintiff paid KRW 2 million per month as salary.

[Ground of recognition] Unsatisfy, Gap evidence 5-10, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff filed a claim for return of unjust enrichment, asserting that the Defendant was obligated to return to the Plaintiff the amount of 6.2 million won retroactively paid to the Plaintiff during the period from October 2016 to March 9, 2018, on condition that he/she had worked for three consecutive years from October 2016 to March 2018. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that there was the aforementioned agreement between the Plaintiff and the Defendant, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion premised on the above agreement is without merit.

B. (1) The Plaintiff asserted that he/she lent KRW 5 million to the Defendant on April 28, 2017, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact of lending, as alleged by the Plaintiff, and there is no other evidence to acknowledge it otherwise. (2) According to the overall purport of each of the statements and arguments and all of the arguments, the Plaintiff loaned KRW 1.4 million to the Defendant, including KRW 70 million on October 31, 2017 and KRW 700,000,000,000,000,000,000 won on November 30, 2017.

On the other hand, the loan 1.4 million won is not determined by the time of return, and the plaintiff has to assert and prove the fact that it has been excessive for a considerable period of time, and there is no assertion or proof about it.

Therefore, the defendant shall pay 1.4 million won to the plaintiff and this.