1. The plaintiff's claim is dismissed.

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

1. Around October 2010, the gist of the Plaintiff’s assertion: (a) while the Defendant and the company, who were working for the Plaintiff (hereinafter “Nonindicted Company”) are working for the Defendant and the company, the Plaintiff kept the profits from the joint business in the name of passbook D (hereinafter “instant account”); (b) upon withdrawal from the said company, the Plaintiff agreed to form the joint business with the profits collected from the said company to operate the joint business and to operate the sales and construction business of building materials, etc.; and (c) delivered the said passbook and the seal to the Defendant.

Nevertheless, from December 8, 2010 to February 13, 2013, the Defendant withdrawn KRW 88,895,840 deposited in the instant account without the Plaintiff’s consent.

If so, the partnership between the plaintiff and the defendant became difficult to maintain.

Therefore, the defendant is obligated to return 4,447,920 won, which corresponds to 1/2 of the plaintiff's equity interest, out of the profits that the defendant withdrawn to the plaintiff, as unjust enrichment.

2. The Plaintiff, while serving in the non-party company, entered into a partnership agreement with the Defendant, a company partner, and filed the instant claim on the premise that the money deposited in the instant account is earnings under the said partnership agreement.

However, even according to the plaintiff's assertion, it is unclear what is the substance of the joint business that the plaintiff agreed to work in partnership with the defendant who is the company's partner. [The 60 million won, out of the money deposited in the account of this case that the plaintiff and the defendant were gathered while working in the non-party company, was received from E so that the defendant can trade under good conditions with the non-party company, which was introduced by the defendant, and the 13,016,00 won is viewed as the price for the goods that were sold and received after the construction materials remaining after being constructed in the non-party company's site to the non-party company to the third party (F, G, H, I, J, andK). In light of this, it is suspected that the above money is not collected not only as a profit under the business agreement between the plaintiff and the defendant, but also as a unjust method (A evidence