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.

1. Basic facts

A. The Plaintiff is the representative member of C Limited Partnership Co., Ltd. (hereinafter “C”), and the Defendant is the Vice Minister of Construction and Transportation at the site of Diplomatic Facility Construction Works by Samdi Community Co., Ltd. (hereinafter “C”).

B. C received a contract of KRW 2.3 billion for the construction cost of D’s reinforced concrete construction among D’s installation works (hereinafter “instant construction”) from T’s communities around May 22, 2012.

(hereinafter “instant construction contract”). C.

The Plaintiff, from the account in the name of the Plaintiff to the account in the name of the Defendant, remitted each of the KRW 1860,000,000 on April 27, 2012, KRW 1680,000 on April 30, 2012, KRW 1920,000 on May 7, 2012, and KRW 5,460,00 in total.

[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2, the result of this court's order to submit financial transaction information to Korean banks, and the purport of the whole pleadings

2. The Plaintiff’s determination as to the cause of the Plaintiff’s claim refers to the purport that, at the time of the conclusion of the instant construction contract, the Defendant would make efforts for the Corporation if it did not lend the Plaintiff the operating fund of KRW 170 million as the Defendant’s office’s operating fund was insufficient.

Since money was remitted to the defendant's account as stated in the paragraph, the defendant asserts that the defendant is obligated to pay the plaintiff the total amount of KRW 5,460,000.

However, as seen earlier, the Plaintiff remitted each of the above amounts of KRW 1860,00,00 on April 27, 2012 to the account in the name of the Defendant from the account in the name of the Plaintiff to the account in the name of the Defendant, KRW 1860,000,000 on April 30, 2012, KRW 1680,000,000 on May 7, 2012, and KRW 5,460,00 on the aggregate. According to the above evidence, it is recognized that the Defendant withdrawn part of the above money after receiving each of the above money in cash and disbursed part of the money for the purpose of external appearance, payment for oil, communication, and purchase of clothes, but it is insufficient to recognize that the said money transferred solely with the above facts of recognition and the above evidence alone agreed to return it to the Plaintiff, and there is a lack of evidence to acknowledge otherwise