A. The Plaintiff Company was established for the purpose of restaurant business and other food-related service business, etc. on September 26, 201, and the Defendant served as the representative director of the Plaintiff Company until February 17, 2012, and as an in-house director until June 25, 2013, respectively, and C was a director of the Plaintiff Company on June 25, 2013 and the representative director on August 22, 2014.

B. immediately after C assumed office as the representative (in-house director) of the Plaintiff Company, the Defendant requested C to pay the Plaintiff amounting to KRW 246,800,480 on the ground that C had claims for provisional payment equivalent to KRW 246,80,480 on the Plaintiff Company. Accordingly, the Plaintiff Company paid KRW 129,000 to the Defendant on July 3, 2013 for the repayment of the said claims for provisional payment.

C. After that, the plaintiff company requested submission of data on the ground that the defendant did not have the grounds for the claim for provisional deposit, but the defendant did not comply with this.

[Grounds for recognition] Evidence Nos. 1 to 7, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion (i) although the Defendant did not have the claim against the Plaintiff, the Plaintiff made a mistake that the Defendant bears the Defendant’s obligation to pay for the amount of KRW 246,80,480,000, and paid KRW 129,000 to the Defendant for the repayment thereof. As such, the Defendant is liable to pay the Plaintiff KRW 129,00,000 upon return of unjust enrichment.

D. At the time of the establishment of the Plaintiff Company, the Plaintiff and investors who participated in the establishment of the Plaintiff Company, including the Defendant, D, and E, lend money to the Plaintiff Company under the pretext of taking over the shares of other investors. After that, the Defendant acquired the claim for provisional payments by acquiring the shares of other investors. Since the Defendant directly lent to the Plaintiff Company or transferred the shares of other investors, the Defendant’s claim for provisional payments amounting to KRW 246,80,480, total amount of the claim for provisional payments paid by the Plaintiff, the KRW 129,00,000 paid by the Plaintiff was appropriated for the repayment of the said claim.