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. On August 11, 2010, the Defendant loaned to the Plaintiff KRW 3,000,000, KRW 2,000,000 on March 1, 2011, and KRW 3,000,000 on May 19, 201, and KRW 2,000,000 on July 19, 201, to the effect that each interest month was paid.

B. On the other hand, on March 1, 201, the Plaintiff prepared a certificate of borrowing (No. 1, 201; hereinafter “the instant certificate of borrowing”) stating that “0 million won and two copies of interest” were borrowed without setting the period for repayment to the Defendant.

C. The amount that Plaintiff or Plaintiff C paid to Defendant or Defendant’s father D on 29 occasions from May 30, 201 to October 28, 2013 as the repayment of the principal and interest on the Plaintiff’s loan to the Defendant is KRW 18,520,00 as shown in the attached Table 1.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the result of the inquiry into financial transaction information to E Co., Ltd. by the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff borrowed KRW 10,00,000 from the Defendant on August 11, 201, and KRW 2,000,000 on March 1, 2011, and KRW 10,000,000 on May 19, 201, and KRW 2,000,000 on July 19, 201, as interest rate of KRW 2%. As a result, the Plaintiff repaid to the Defendant on 30 occasions from May 30, 201 to October 28, 2013, all of the Defendant’s debt owed to the Defendant was extinguished, rather, exceeding KRW 5,224,200 on the Defendant.

Therefore, the defendant is obligated to return 5,224,200 won paid in excess to the plaintiff as unjust enrichment.

B. When the Defendant’s assertion is necessary, the Plaintiff borrowed money from the Defendant to make a loan to the Defendant at the time of March 1, 201, settled the amount in which the Defendant did not repay to the Defendant not later than the time of March 1, 2011 as KRW 10,000, and prepared the instant loan certificate.

Even after the creation of the instant loan certificate, the Plaintiff additionally borrowed KRW 3,00,000 from the Defendant on May 19, 201, and KRW 2,00,000 on July 19, 201, the Plaintiff is obligated to pay the principal and interest of KRW 15,00,000 to the Defendant.