1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff Company is a company with the objective of organic content, by-product fertilizer manufacture, sale, etc.

B. On October 28, 2010, the Defendant assumed office as the representative director of the Plaintiff Company, and resigned on April 22, 201.

C. While working as the representative director of the Plaintiff Company, the Defendant managed the deposit account in the name of the Plaintiff Company.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff Company’s assertion was arbitrarily used after withdrawing KRW 20 million on April 16, 201, KRW 20 million on July 16, 2011, and KRW 20 million on August 18, 201.

Therefore, the defendant is obligated to return 56,621,484 won out of the above money to the plaintiff company as unjust enrichment.

3. Determination

A. On April 16, 201, the Defendant’s assertion 1) The Plaintiff Company remitted KRW 20 million to the Defendant’s deposit account in the name of the Defendant on April 16, 2011 in order to purchase heavy equipment (red, KRW 20 million). On June 8, 2011, the Defendant, a representative of the Defendant, purchased heavy equipment as a part of the Defendant Company C, and disbursed KRW 20 million as down payment, registration tax, etc.

Plaintiff

The company paid installments on the above heavy equipment for about two years, and used the above heavy equipment for about 150,000 won, which the Defendant received after disposing of the above heavy equipment, to the account in the name of E, the representative director of the Plaintiff Company D, on January 20, 2014.

B) On April 16, 201, the Plaintiff Company paid KRW 54 million to the Defendant for the purchase of heavy equipment. Since the issue of heavy equipment purchased with the above money was related to the heavy equipment, the Plaintiff Company sold the above heavy equipment and received KRW 20 million while selling the heavy equipment. The Defendant purchased the heavy equipment in the name of the Plaintiff Company C (the Defendant purchased it in a page, and the Defendant paid the down payment, etc. at the time of the purchase of the equipment as KRW 20 million.

Plaintiff

The company used the above heavy equipment and disposed of the above heavy equipment.