1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 4,100,000 and the defendant shall pay to the plaintiff on January 2, 2019.

Basic Facts

The Plaintiff is an employee of C Co., Ltd. (hereinafter referred to as “Nonindicted Company”), and the Defendant is a person operating D.

On January 20, 2017, the Defendant paid to Nonparty Company KRW 30 million (hereinafter “instant advance payment”).

If the non-party company did not supply high language, the defendant continued to demand the non-party company to return the advance payment of this case, and the plaintiff from April 18, 2017.

6. By September, 6. The Defendant paid the sum of KRW 5.5 million (hereinafter “the instant money”) to the Defendant three times.

Around June 9, 2017, the Defendant received 5 million won from Nonparty Company’s company’s refund of the instant advance payment, and received 25,087,000 won in total as of July 2017, and issued a disposition around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 9, and the gist of the argument by the parties concerned in the whole pleadings, the plaintiff defendant agreed to return the advance payment of this case to the plaintiff in the non-party company to return it to the plaintiff. Thus, the defendant is obligated to return to the plaintiff 4,100,000 won (the remaining amount after the defendant deducteds 1,400,000 won for losses incurred in the transactional relationship with the advance payment of this case) out of the amount of this case.

Even if it is not so, the defendant is obligated to return the amount equivalent to the above KRW 4.1 million to the plaintiff, as it has been unjustly obtained.

The Defendant incurred losses of KRW 7,789,920 in total due to the reasons attributable to the Nonparty Company from the transaction prior to the payment of the instant advance payment (the transaction prior to the year 2016) to the transaction arising from the instant advance payment.

The instant advance payment was paid in addition to the security of the instant advance payment claim, to compensate for the said loss, and thus, does not have any obligation to return it to the Plaintiff.

The facts of this case, prior to the contents of the agreement on the claim for agreed amount, and the purport of Gap evidence No. 4 and all pleadings are recognized.