1. The plaintiff's claim is dismissed.

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

1. The parties' assertion that the plaintiff, from around 208 to around 2008, engaged in money transactions, such as borrowing or lending money with the defendant and against the amount of money borrowed from the defendant KRW 242,870,00, the plaintiff paid all the principal and interest of the loan until February 23, 2015, and from February 24, 2015, the plaintiff agreed with the defendant first to pay the principal and interest of the loan to the defendant, and the sum of the money paid as the repayment was agreed with the defendant first to pay the principal of the loan to the defendant, and the sum of the money paid as the repayment was 317,615,00,000, the above 39,580,000 won out of the above 39,580,000 won out of the above 317,615,000 won, and the plaintiff collected the above excessive amount from the defendant. Thus, the defendant is liable to pay the plaintiff's unjust enrichment and delay damages.

On the other hand, the defendant asserts that, over the ten-year period, the amount of approximately KRW 200 million was set at 2% interest per month and lent the loan interest to the plaintiff, and the loan interest was paid by the plaintiff only, and on the other hand, the loan claim amounting to approximately KRW 40 million remains as of August 19, 2016. Thus, the plaintiff's claim cannot be complied with.

2. Article 741 of the Civil Act provides, “A person who gains a benefit from another person’s property or service without any legal cause and thereby causes a loss to another person shall return such benefit.”

In the case of the so-called unjust enrichment for which one of the parties has paid a certain amount of benefit according to his/her own will and then claims the return of the benefit on the grounds that the benefit is not a legal ground, the burden of proving that there is no legal ground

In such cases, a person who seeks the return of unjust enrichment shall assert and prove that the cause has ceased to exist due to the extinguishment of the cause due to invalidation, cancellation, cancellation, etc. along with the existence of the fact causing the act of payment, and the cause which may be the cause for the act of payment shall begin.