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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 338,348,00 and KRW 226,975,037 among them.
Reasons
1. The reasoning for the court’s explanation concerning this part of the basic facts is the same as the part concerning the basic facts of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure
2. The parties' assertion
A. The plaintiff's assertion that ① if the proceeds from the building such as lease deposit and rent are deposited into the account in the name of the plaintiff while managing the building of this case, they are transferred to the account in the name of the defendant, ② the electricity charges and value-added tax of the party headquarters of this case are paid from the account in the name of the plaintiff, ③ the lease deposit and the rent of the building of this case received by the defendant in cash, ④ the lease deposit and the rent of the building of this case are acquired, ④ the money was deposited in cash from the account in the name of the plaintiff, ⑤ the amount transferred to the defendant in cash, ⑤ the amount of the plaintiff's share out of the money remitted to the defendant was not returned to the plaintiff, and the plaintiff suffered damages equivalent to the same amount without any legal ground. Thus, the defendant is obligated to return to the plaintiff 369,386
(The plaintiff alleged that the original defendant should return the total amount of KRW 375,586,025 to unjust enrichment, but the above KRW 369,386,945 was claimed as unjust enrichment by the defendant.
The Defendant’s assertion 1) The Defendant transferred part of the proceeds from the instant building from the account in the name of the Plaintiff to the account in the name of the Defendant, and used them as expenses for managing the instant building or for performing the Plaintiff’s business affairs. In addition, in return for the management of the instant building, the Defendant agreed to bear the electric charges and the value-added tax on the instant party building as remuneration for the management of the instant building. The lease deposit and the rent for the instant building that the Defendant received in cash were used or delivered to the Plaintiff for the management of the instant building, and the money that the F transferred to the Defendant is the entire money of the Defendant.
3. Accordingly,.