2. The costs of lawsuit shall be borne by each person;

A. The Plaintiff, an executive officer of the Court of Appeals, who was an incorporated association, was paid KRW 300 million to Defendant B in relation to the business of the Court of Appeals in early 2012.

B. Upon Defendant B’s request, the Plaintiff returned the total amount of KRW 160,80,000 out of the investment amount, such as remitting the amount of KRW 150,28 million to the Defendant C’s deposit account, which the said Defendant serves as the representative director.

C. Defendant B was paid KRW 365,80,000 by additionally recovering KRW 25,500,000,000,000 from the Appellate Association, an incorporated association, even though the said investment amount was returned to KRW 300,000,000.

Therefore, the defendant is obligated to return 65.8 million won and damages for delay that he received to the plaintiff in excess of the above investment amount as unjust enrichment.

2. Reviewing the reasoning of the instant lawsuit ex officio, the record reveals that on March 10, 2015, the Plaintiff agreed not to raise any civil or criminal objection in connection with the instant case with the Defendants and received KRW 20 million from the Defendant B, and according to the above facts of recognition, the said agreement constitutes a subordinate agreement, and thus, the Plaintiff’s lawsuit against the Defendants is contrary to the said subordinate agreement, and thus there is no benefit in protecting the rights.

3. If so, the plaintiff's lawsuit against the defendants is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.