The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. Basic facts

A. The Plaintiff, the Defendant, and C, D, and E are children, and the F is a parent of the Plaintiff.

B. On October 17, 2012, the Plaintiff borrowed KRW 50 million from the Defendant to return the deposit money to the lessee.

(hereinafter referred to as “the instant loan”). C.

On January 29, 2013, the amount of KRW 20 million was transferred from the bank account (Account Number G) in the name of the F to the Defendant’s account.

On March 6, 2015, the sum of KRW 50 million and KRW 10 million have been transferred from the bank account in the name of the F to the Defendant’s account in the name of the Bank (Account Number H).

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

2. Determination

A. The Plaintiff transferred KRW 20 million to the Defendant via the F account on January 29, 2013 for the repayment of the instant loan. However, the Plaintiff was aware of the fact that the Plaintiff partially repaid the instant loan amount with the husband without mind, as seen above, and on March 6, 2015, he paid the Defendant the instant loan and its interest, and subsequently, remitted the amount of KRW 60 million in total to the Defendant on the ground of mistake. As can be seen, the Plaintiff paid an excessive repayment of KRW 20 million in excess of the instant loan and interest, and the Defendant obtained a benefit of the same amount without any legal cause, and the Defendant is obliged to pay the interest of KRW 20 million and delay damages to the Plaintiff on March 6, 2015.

However, between August 201 and November 2012, the Defendant had a claim of KRW 30 million for E, KRW 20 million for E, and KRW 20 million for C, and KRW 20 million for the Plaintiff. However, according to the agreement between the Plaintiff, the Defendant, and E, and C, the payment process has been shortened by reducing the payment process to the Defendant that the Plaintiff pays KRW 20 million to C according to an agreement between the Plaintiff, the Defendant, and C.