1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Plaintiff’s assertion

Although the Defendant loaned KRW 11,00,000 to the Plaintiff on April 13, 1994, the Plaintiff was paid KRW 11,00,000 to the Plaintiff, the Plaintiff was paid KRW 17,325,00 of the loan principal and interest KRW 17,325,00,00 in total to the Plaintiff.

On July 24, 2006, the Defendant agreed to grant a loan of KRW 27,740,000 to the Plaintiff and prepared a written loan agreement, but did not pay the Plaintiff the said money, the Defendant paid the Plaintiff KRW 27,740,00 and interest KRW 540,80 and interest KRW 28,280,80 in total for five years from the date of the said loan.

Therefore, the Defendant, as seen above, is obliged to pay the Plaintiff the total amount of KRW 56,605,80 (=28,325,000 KRW 28,280,80) of the loan principal and interest paid to the Plaintiff while the Plaintiff did not pay the loan to the Plaintiff and the delay damages therefrom as unjust enrichment return.

Judgment

According to the statements in the evidence Nos. 2 and 3 as to the loans 11,00,000 on April 13, 1994, the fact that the defendant extended KRW 11,00,000 to the plaintiff on April 13, 1994 on the computerized data kept by the defendant and recorded as being paid the above loans to the plaintiff on May 17, 1996 is recognized.

However, even though the Defendant did not actually pay KRW 11,00,000 to the Plaintiff, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the payment of the above loan principal and interest, and there is no other evidence to acknowledge it otherwise.

Therefore, this part of the plaintiff's assertion is without merit.

As to the loans of 27,740,000 won on July 24, 2006, the following facts are acknowledged in full view of Gap evidence Nos. 3 through 5 and Eul evidence Nos. 1 through 7.

The plaintiff joined as a member of the defendant on October 21, 1969, and entered into a loan transaction agreement with the defendant on January 1, 1990, and used the loan to the defendant.

The plaintiff around January 2001.