1. The Defendant’s KRW 680,00,000 as well as the Plaintiff’s annual rate of 5% from July 1, 2017 to April 2, 2019, and the following.

1. Basic facts

A. On March 208, 2008, the Plaintiff and the Defendant established C (hereinafter “instant company”) a construction waste disposal company, which is a construction waste disposal company, by investing facility funds and providing a factory site to the Plaintiff on June 23, 2008.

The representative director of the company of this case was the plaintiff, but the defendant was in charge of actual operation.

B. Around that time, the Plaintiff opened an agricultural bank account under the name of the Plaintiff (D; hereinafter “instant account”) and made it available to the Defendant.

From July 2008 to September 2014, the Plaintiff deposited money in excess of KRW 2.12 billion with the instant account. Of them, money exceeding KRW 1.1775 billion was transferred to the account in the name of the instant company.

C. On June 30, 2017, the Defendant sold the instant company’s price in KRW 2.85 billion to E.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. The plaintiff's assertion

A. In the first place, the Plaintiff deposited KRW 2.12.5 billion into the instant account with the business funds of the instant company, and the Defendant used only KRW 1.1775.7 billion among them as business funds, and the remainder of KRW 836.8 million as business funds, without any legal cause, obtained an unfair profit without any legal cause, and thus, the Defendant should return the said KRW 836.8 million to the Plaintiff as unjust enrichment.

B. Preliminaryly, 2 billion won, which the Plaintiff deposited into the instant account, was leased to the Defendant as the price for the capital increase of the instant company, and thus, the Defendant must return it to the Plaintiff.

Even if the above money was invested in the company of this case, the defendant earned a profit from selling the company of this case in the amount of KRW 2.85 billion, and thus, the plaintiff should pay KRW 1.42 billion, which is 50% of the proceeds from the sale, to the plaintiff as the proceeds from investment.

3. Determination

A. We examine the judgment on the primary argument.