부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
1. Facts of recognition;
A. Between the Defendant and the Daegu branch of the CSS Headquarters, the operation contract for the CSS C Center was terminated on September 30, 2013, and the said CS Headquarters’s Daegu branch of the CS Headquarters was directly managing the said CS C Center from October 2013 to November 201, 2013, and the C Center entrusted the operation for two months to B.
B. The Plaintiff entered into a contract with the Daegu branch of the said shipbuilding CS Headquarters and operated the said CSC Center from December 1, 2013.
C. On December 2013, the Plaintiff supplied the Defendant a total of 171 copies of the newspaper (171 copies, 80 copies, 70 copies, 5 copies in the Korean economy, 3 copies in the juvenile assistance team, 2 parts in Korea, and 10 copies in good condition) to the extent of 600,000 won.
Since December 1, 2013, the amount received by B, or deposited into B’s account, by which the former operator of the CSC Center, is the following:
The purport of the whole pleadings is as follows: (a) the number of times of the duration is the sum of KRW 45,00 won from January 24, 2014 to March 31, 2014; (b) the sum of KRW 453,333 won from December 18, 2013 to November 24, 2015; (c) the sum of KRW 453,333 won from July 12, 2013 to December 12, 200 (based on recognition); and (d) there is no dispute over Gap 1,2,3,33 won from July 12, 2013 to March 3, 2014; and (d) the evidence evidence No. 8-2,3,34-4, and each of the items in pleadings.
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff an amount of KRW 600,00 in the newspaper area as unjust enrichment and KRW 453,333 in the newspaper subscription fee collected after December 2013 and delay damages therefrom.
B. On October 2013, the Plaintiff asserted that even the outstanding amount of the subscription fees paid in installments was delegated by the Daegu branch office of the CSS headquarters in the Joseon Dynasty, and that the Plaintiff received KRW 2,566,500 from the Defendant.
However, in addition to the amount recognized as above, the Plaintiff’s charges to be collected from October 2013 are not sufficient to recognize that the Defendant was paid with the subscription fees to be collected from October 2013, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.