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. C transferred the sum of KRW 26,300,000 to the Defendant, who is an employee of the place where he/she had access to and became aware of an entertainment establishment between December 9, 2011 and August 17, 2012, by account transfer, as follows:

Serial 1: 00,00 on December 9, 201 12. 50,00 on May 3, 201; 1,50,00 on May 23, 201; 1,00,00 on May 15, 201; 3,00,00 on March 27, 200; 1,00; 13,00 on May 21, 201; 1, 200. 1,00 on May 21, 200, 200; 1,00,00 on June 1, 20, 200 on May 21, 200; 1, 200; 1,00 on April 1, 200, 200 on May 30, 200; 1, 2004;

B. The Plaintiff filed a lawsuit claiming damages against Godong-dong, Seoul Eastern District Court 2013Gahap1356, and won a favorable judgment.

C. The Plaintiff, based on the above winning judgment as the executive title, specified “C’s loan claim against the Defendant” as the seized and collected claim, and applied for a collection order for the claim seizure and collection under the Suwon District Court’s Ansan Branch 2016TT82.

On January 20, 2016, the above court issued a collection order for the seizure and collection of claims, but the defendant did not comply with the collection by the plaintiff, and the plaintiff filed the lawsuit of this case seeking the payment of the collection amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that C lent a total of KRW 31,062,00 to the Defendant during the period from December 9, 2011 to August 17, 2012. Accordingly, the Defendant asserts that C, who was at the time of mutual ties, donated premium, credit card price, household purchase cost, etc. without any condition.

B. Even if there is no dispute over the fact that money has been received between the parties, one party shall receive the money.