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. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion 1) On September 25, 2014, the primary claim Plaintiff lent KRW 180 million to Defendant B as “the remittance of KRW 180 million to Defendant C’s deposit account in Defendant B’s wife.” Therefore, Defendant B is obligated to pay the Plaintiff the said loan amounting to KRW 180 million and interest or delay damages from September 26, 2014 to the Plaintiff. 2) If the said monetary loan loan relationship between the conjunctive claim and the Defendant is not recognized, the Defendant C acquires KRW 180 million transferred to its own account without any legal cause.

Accordingly, Defendant C is obligated to pay the Plaintiff the above KRW 180 million with unjust enrichment return and the damages for delay from September 26, 2014.

B. The summary of the Defendants’ assertion reveals that Defendant B ought to pay KRW 210 million to the Plaintiff as a result of the financial production related to D, and that Defendant B wired KRW 210 million to the Plaintiff on September 22, 2014, including KRW 137.2 million and KRW 210 million on September 24, 2014.

However, immediately after the above remittance, Defendant B considered the above demand for payment of the settlement amount to be unfair and received a refund of KRW 180,000,000 from the Plaintiff.

Therefore, the above KRW 180 million is not a loan, but a unjust enrichment, so the Defendants are not obligated to return it.

2. According to the evidence Nos. 1-1, 2, 2-1, 2-2, and 5 of the evidence Nos. 1-1, 2-1, 2, and 5 of the judgment, the Plaintiff wired the total amount of KRW 100 million to the Defendant’s deposit account in his/her name on September 25, 2014 using the Plaintiff’s deposit account in his/her name, and KRW 70 million using the Plaintiff’s deposit account in his/her name, and KRW 180,000,000 by using the Plaintiff’s deposit account in his/her name. ② Defendant A made a statement that “at the time of receiving a transfer of KRW 180,000,000” in dialogue with the Plaintiff on April 5, 2016, the Defendant provided to the effect that “A shall have been lent.” ③ The Plaintiff dialogueed with the Plaintiff and F on August 10, 2015.