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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.
Reasons
1. The fact that the Plaintiff transferred KRW 30,000,000 to the account under the name of the Defendant on September 30, 2005 (hereinafter “instant account”) is not a dispute between the parties.
2. Judgment on the parties’ assertion
A. The summary of the argument 1) The plaintiff erroneously remitted 30,000,000 won to the defendant by mistake, so the defendant is obligated to return the above money to the plaintiff. 2) The defendant's fraudulent act D lending 100,000,000 won to C on September 23, 2005, but notified the account number in order to be repaid, and C remitted 73,000,000 won in the name of H to the account of this case on September 30, 2005, and 30,00,000 won in the name of H to the account of this case on September 30, 2005.
B. In full view of the records in Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, the response of financial transaction information to the new bank of the court of first instance, and the purport of the whole pleadings in the testimony of the witness of the court of first instance as to the witness of the court of first instance, the plaintiff did not have any obligation or obligation between Eul, except for the remittance of KRW 37,000,000 from his own account to Eul at the F's request on Dec. 29, 2004, and C borrowed KRW 100,000 from D on Sept. 23, 2005, but C transferred the money to Eul through the H's account in the name of H used together with I on the 30th of the same month, and transferred the money to Eul as principal of KRW 70 million,000,000,000 and KRW 73,000,000 to the account of this case, but ordered the plaintiff to transfer the money to Eul as the account of this case.
However, the following circumstances, which can be acknowledged by integrating the aforementioned evidence, evidence Nos. 2, and evidence No. 3 in the statement No. 1, 200,000 won from the H’s account used by I to the Plaintiff from July 20, 2005, are the following circumstances:
8. November 14, 100,000 won was remitted respectively, and the Plaintiff was 6,000,000 won and 32,000 won with H’s account under the name of H on August 19, 2005.