1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion made around February 2009 with the defendant, who is a dong C or 50% of his internal son, to acquire a restaurant with "D" in the name of Dong C, and to operate the restaurant in the name of Dong C. The plaintiff paid the above money to the restaurant transferor. The defendant paid 120 million won out of the investment amount of KRW 170 million to the plaintiff.

However, since then, the defendant requested the return of the above investment amount, and the plaintiff who had no yellow dust due to a lawsuit at the time returned the amount of KRW 120 million, not by mistake, to KRW 170 million.

Therefore, since the defendant made unjust enrichment of 50 million won in difference, the above 50 million won and damages for delay should be paid to the plaintiff.

2. The fact that the Plaintiff received KRW 120 million from the Defendant and subsequently returned KRW 170 million to the Defendant is no dispute between the parties.

However, according to the overall purport of Gap's evidence Nos. 1, 2, 4, 5, 10, and 3, 7, and 8, C leased a building owned by Eul and operated the F cafeteria.

The fact that E did not pay any rent that it filed a lawsuit against C, such as a registration order of a building (Seoul Central District Court 2008Kadan220481). On November 5, 2008, the conciliation was completed that “C delivers E a building to E, and E pays KRW 150 million to C on the day following the completion date of delivery of the building.” The Plaintiff who managed E’s property from December 16, 2008 to March 2, 2009, paid KRW 98 million out of the above registration statement to C with the consent of E, and around February 2, 2009, the Plaintiff paid KRW 600,000,000,000 to the Defendant as investment KRW 70,000,000 from March 27, 2009, KRW 200,000,000,000 to the Defendant.