부당이득금과 직무유기로인한 피해보상
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around March 26, 2012, the Defendant entered into a contract with E Co., Ltd. (hereinafter “Nonindicted Company”) to transport the freight (transport item kimchi) of the Nonparty Company with a two-year period.
B. Around April 6, 2012, the Plaintiff and the Defendant entered into an agreement with the Defendant to pay KRW 25,000,000 to the Defendant in return for the transfer of the Defendant’s 206 salary class 31.4 tons air conditioners (hereinafter “instant vehicle”) to the Plaintiff, and the Plaintiff actually paid the transport cost to the non-party company, while the Plaintiff entered into the agreement with the Defendant to pay KRW 25,00,000 to the Defendant in return (hereinafter “instant agreement”). The Plaintiff paid KRW 25,00,000 to the Defendant.
C. Under the instant agreement, the Defendant had the Plaintiff perform the freight carriage work from April 11, 2012 to April 11, 2014, and had the Plaintiff paid the Plaintiff the freight carriage work for the period.
【Ground for Recognition】 Facts that there is no dispute between the parties to the dispute, Gap evidence 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings
2. The Plaintiff determined the cause of the claim: (i) Notwithstanding the amount actually paid by the Defendant to the Plaintiff as the sales number plate price of KRW 12,00,000 at the time of entering into the instant agreement, the Plaintiff fraudulently acquired KRW 14,40,000,00 for the remainder of KRW 25,000 paid by the Plaintiff, excluding the value of the instant vehicle as KRW 9,60,000 and the above KRW 1,60,000; (ii) despite the fact that the registration fee of the instant vehicle is KRW 1,157,630, the Defendant unfairly acquired KRW 1,40,00 for the registration fee from the Plaintiff; and (iii) as the freight transport contract is terminated on April 11, 2014, the Plaintiff first agreed to arrange for another job; and (iv) the Defendant agreed to arrange for another job.