부당이득금반환
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
The Plaintiff concluded a contract with D gas stations located in Jeju City for the transportation of a business vehicle, and had employees pay the vehicle for the transportation of the business vehicle at the above gas stations. The Defendant asserted that, by using the contract, the Defendant is liable to return unjust enrichment equivalent to the above price for the transportation of the business vehicle to E, E, the spouse of E, while having his/her spouse enter the Defendant’s name in the credit transaction account book from June to June 2018, 36 times, from June 2019 to June 2019.
However, even if the plaintiff's assertion itself is based on the plaintiff's assertion, he is the defendant's spouse E, and it is difficult to find grounds for claiming the return of unjust enrichment equivalent to the amount of the claim.
Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair since it is concluded differently. Thus, the defendant's appeal is accepted and the judgment of first instance is revoked and the plaintiff'