1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

1. In the first instance court's trial scope, the plaintiff combined a claim for the return of unjust enrichment equivalent to KRW 84,00,000 and a claim for the payment of settlement amount equivalent to KRW 16,10,000. The defendant combined a claim for damages equivalent to KRW 38,50,000 and filed a counterclaim. The plaintiff also dismissed the plaintiff's claim for all of the main claim and the claim for counter-claim damages equivalent to KRW 33,60,000, and only accepted the claim for the payment of the counterclaim. Accordingly, the plaintiff filed an appeal on the whole claim for the main claim and the part of the claim for the payment of the counterclaim, which are only the part against which the plaintiff lost, and it is clear that the plaintiff withdrawn the appeal on the claim for the payment of the settlement amount and the part of the counterclaim for the payment of the counterclaim.

Therefore, since only the portion of the claim for return of unjust enrichment in the principal lawsuit is subject to the judgment of the court, it shall be judged only.

2. Basic facts

A. The plaintiff and the defendant are merchants operating their stores in the C basin underground shopping districts, and the defendant has long been organized and operated a successful bid system, and the plaintiff has participated in the successful bid system operated by the defendant and has paid a deposit amount as a fraternity and has left the fraternity.

On the other hand, the successful bidder operated by the defendant was a method of preparing a register of days with a certain amount of KRW 50,000 or KRW 100,000 each day by the fraternity and receiving the successful bidder each month.

B. From October 2010, the Plaintiff joined the successful bid system operated by the Defendant and received the prize money as follows.

In other words, (1) during the period from October 26, 2010 to February 17, 2012, (50,000 won for the daily payment, and (24,000,000 won for the total payment (hereinafter “A”) received KRW 19,80,000 for the total payment on December 25, 2010, and (2) during the period from February 11, 201 to June 2, 2012, the successful bid amount of KRW 50,00 for the daily payment, total payment amount of KRW 24,00,000 for the total payment amount of KRW 24,00 for the contract amount (hereinafter “B”).