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

A. On October 20, 2016, the Plaintiff is a person registered as a representative of “D”, who is an individual business operator with the aim of manufacturing food industry machinery.

B. On August 1, 2018, the Plaintiff sent a content-certified mail to Defendant C, the representative of “E” and “F,” who is the customer of “D”, and that the amount of goods supplied from May 1, 2017 to April 11, 2018 was KRW 9,702,00, but the amount of goods paid was KRW 32,298,000 between August 11, 2017 and April 2, 2018, the Plaintiff paid KRW 22,298,00,000 in excess. Accordingly, the Defendant C sent to the Plaintiff on August 6, 2018, that the amount of the outstanding amount was KRW 28,50,395, and that there was no certificate of repayment confirmation. Therefore, the Plaintiff did not receive a certificate of repayment.”

C. The Plaintiff filed a criminal complaint against Defendant B on the charge of occupational breach of trust, but was subject to the disposition that the actual business owner of “D” on January 7, 2019 was the Defendant B on the ground that he/she was the Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion is the actual business owner of “D”, and Defendant B merely is an employee of the Plaintiff, and there is no reason to pay the price for the past goods of Defendant B with the Plaintiff’s funds, and Defendant C also knows these circumstances, despite the fact, Defendant B paid KRW 22,298,00 in excess of the price for the goods supplied to Defendant C as “D”, constitutes tort against the Plaintiff, and is liable for damages, and bears the duty to return unjust enrichment, and thus, Defendant B bears the duty to return unjust enrichment. As such, Defendant B seeks reimbursement of the said amount as KRW 22,298,0

B. As seen earlier, the Plaintiff’s registration of business as the representative of “D” was completed, but the evidence Nos. 1, 2, 4, and 6-2 is used.