A. C and D assessed “A” as KRW 1.1 billion from “A” in the trade name of “A,” and decided to take over “A” on the condition that C and D take over the existing obligation of KRW 500 million in total, including the loan obligation of KRW 400 million and the loan obligation of KRW 100 million to the Chungcheongnam-dong Agricultural Cooperative, and the remainder of KRW 600 million (the contract amount of KRW 100 million, the intermediate payment of KRW 200 million, and the remainder of KRW 300 million).

B. After that, C and D borrowed total of KRW 300 million from the Defendant and paid KRW 300 million to E as the down payment and intermediate payment (in the name of the Defendant, immediately deposited in the agricultural bank account in the name of the Plaintiff), and the remaining KRW 300 million was recognized as the investment of E after establishing the Plaintiff as the corporate entity.

C. The Plaintiff was established on January 8, 2007 through the inaugural general meeting on December 29, 2006. At the time of the inaugural general meeting, the Plaintiff stated that total of KRW 1 billion was invested by the Defendant, including the Defendant’s investment of KRW 200 million in cash and KRW 300 million in factory land E. D.

The defendant was registered as the representative director of the plaintiff on January 8, 2007, and thereafter retired from the representative director on January 7, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including each number; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The Defendant asserted that he had been employed as the representative director of the Plaintiff, from September 27, 2007 to December 31, 2010, withdrawn KRW 1,050,000 from the Plaintiff as the provisional payment, and deposited KRW 605,00,000 among them.

Therefore, with respect to 445,00,000 won which is equivalent to the difference, the return of the loan is primarily sought, and the return of the illegal act or unjust enrichment is conjunctively sought.

(b) Determination of the primary claim 1) The term “provisional payment” means an account item (where the use or amount is not determined, it shall be the expenditure if the actual cash disbursement was made, but the content of the transaction is unclear or the transaction is not completely terminated.