1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff and C regarding the claim for loans (hereinafter “transfer lawsuit”).

B. The Plaintiff was served with a written complaint of the previous lawsuit but did not appear on the date for pleading without clearly disputing the Defendant’s assertion. On January 22, 2014, this court closed the pleadings and rendered a judgment on February 5, 2014, which accepted the Defendant’s claim on the following grounds: “The Plaintiff and C jointly and severally agreed with the Defendant, and paid 50 million won per annum from December 31, 2012 to October 21, 2013, and 20% per annum from the next day to the date of full payment.”

C. The above judgment became final and conclusive around that time because the Plaintiff was served with the judgment of the previous lawsuit and did not file an appeal.

According to the decision of the transfer lawsuit, the defendant applied for a compulsory auction of real estate for the land and building owned by the plaintiff to Busan District Court Dong Branch D, Busan District Court E.

E. At the above auction procedure, the Defendant received dividends of KRW 45,457,902 out of the amount of credit 63,390,410 (principal KRW 50 million, interest 13,390,410) on December 23, 2014.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The plaintiff's assertion and its determination

A. In a lawsuit before the Plaintiff’s assertion, the Defendant asserted that the Defendant lent KRW 50 million to the Plaintiff on February 28, 2012, and did not receive any repayment at all, and 1-B.

was sentenced to the same judgment as in paragraph (1).

However, on February 28, 2012, the Defendant offered a loan to the Plaintiff only KRW 45 million after deducting KRW 5 million from the prior interest on February 28, 2012, and the Plaintiff paid a total of KRW 25 million to the Defendant from February 28, 2012 to March 6, 2013.

Therefore, the defendant made unjust enrichment of 30 million won with interest of 5 million won and 25 million won with repayment. Since the actual loan amount is not 50 million won but 45 million won, the defendant is subject to a prior lawsuit against the difference of 5 million won.