1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a school foundation that maintains and manages C University, etc.

B. The Defendant, on January 15, 2010, assumed office as the president of the Plaintiff and is performing the duties of the president until now.

C. From March 16, 2012 to December 17, 2015, the Plaintiff paid a total of KRW 230 million per month to the Defendant in the name of business promotion expenses (hereinafter “instant business promotion expenses”). D.

On April 6, 2016, the Minister of Education, in relation to the execution of the Plaintiff’s business promotion expenses, (i) “this case’s business promotion expenses should be settled ex post facto as expenses that can be estimated by rough estimate, and (ii) the balance of the business promotion expenses in this case is settled for KRW 230,000,000, and (iii) the disposition was notified that the corporate accounting would be subject to revenue measures.

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

2. The assertion and judgment

A. The plaintiff's assertion that the defendant should prove and settle the details of the use of business promotion expenses received from the plaintiff in accordance with the Financial Accounting Rules of Private School and the Special Rules on the Financial Accounting Rules of the above Rules, and it has failed to properly state the place of use.

As long as the Defendant did not properly prove the place of use of business promotion expenses paid by the Plaintiff, the Defendant shall be deemed to have acquired the amount equivalent to the above business promotion expenses without any legal ground, and such expenses shall be returned to the Plaintiff as unjust enrichment.

B. Article 741 of the Civil Act provides that “A person who gains a benefit from another person’s property or service without any legal cause and thereby causes a loss to another person shall return such benefit.”

In the case of the so-called unjust enrichment for which one of the parties has paid a certain amount of benefits at his own will and then claims the return of the benefits on the grounds that the benefits are not legally attributable.