부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the judgment in this part of the basic facts of the claim are the second one of the judgment of the court of first instance.
Except as to the part of the 6th line of Paragraph (6), it is identical to that of the 2nd line of the above judgment, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's claim
A. (1) The Plaintiff and the Defendant: (a) manufactured and sold the instant utility model right and design right using the instant utility model right and the instant design right, and concluded a partnership agreement with the Plaintiff and the Defendant to distribute one half of profits therefrom; and (b) established the instant company with half of the stocks of the Plaintiff and the Defendant for the purpose of the partnership; (c) although the Defendant provided the instant utility model right and design right to be used free of charge by the instant company, the instant patent right and patent right developed with the instant company’s funds were arbitrarily transferred to L corporation.
(2) The Defendant’s transfer of the instant patent, which is a partnership’s property, constitutes a partnership withdrawal as it ceases to conduct a partnership business relationship with the Plaintiff by disposing of the instant patent, etc., and the instant patent, etc., which is a partnership’s property, should belong to the Plaintiff’s sole ownership due to the Defendant’s withdrawal from partnership. Therefore, the Defendant’s transfer of KRW 19 million, which the Defendant received from L Co., Ltd.
(3) In addition, the above transfer constitutes a tort against the plaintiff's breach of trust and a tort that violates the duty of care of union members under Articles 707 and 681 of the Civil Act.
(4) In addition, the Defendant, even though he did not intend to maintain the above partnership, deceiving the Plaintiff, thereby allowing the Plaintiff to pay interest amounting to KRW 160,040,000 to the instant company from September 2, 2016 to June 20, 2017, for the purpose of paying interest amounting to KRW 100,000,000,000,000 from September 2, 2016, and the instant company established.