1. The plaintiff's claim is dismissed.

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

1. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a contract on tobacco production and import with C residing in China on November 3, 2009, and remitted KRW 62 million to the domestic bank account in the name of the Defendant, Nonparty D, and E, designated by C as the contract price.

However, since the above 62 million won is used for a purpose unrelated to the annual class project, the defendant must return it.

B. As alleged by the Plaintiff, the Plaintiff transferred KRW 62 million to the Defendant, etc.’s account as the down payment related to the tobacco business, as otherwise alleged by the Plaintiff, but was used for the original purpose.

However, there is no evidence to prove that such payment itself is not a legal ground, and furthermore, there is no evidence to prove that the defendant has gained a substantial benefit of all or part of the above 62 million won transferred by the plaintiff.

Therefore, we cannot accept the plaintiff's assertion based on the premise that the defendant gains a substantial benefit of 62 million won without any legal ground.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit.