부당이득금반환등
1.In accordance with changes in claims in the trial, the judgment of the first instance shall be changed as follows:
The plaintiff's defendant B and C.
1. The court's explanation on this part of the basic facts is the same as the entry of "1. Basic Facts" among the reasons for the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. As to Defendant B and C, KRW 81,051,50 of the cost of opening the instant marina business place as the primary claim was borne by the Plaintiff.
However, as Defendant B and C returns the facilities, etc. of the instant marina business, Defendant B and C had the Plaintiff induce the Plaintiff to change the business registration name of marina business to Defendant C.
The above Defendants are obligated to pay 81,051,50 won and damages for delay equivalent to the cost of establishment incurred by the Plaintiff due to the above tort.
② As seen earlier, as seen in the preliminary claim, the Plaintiff has the authority to bear all the costs of establishing marina business establishments. Defendant B is only a person who leases and operates the business.
In addition, in order to reduce the tax burden, Defendant C is a person who is only a person who is simply transferred the name from the Plaintiff and has no substantive right to possess the name.
Therefore, Defendant B and C are obligated to deliver the instant marina business to each of the Plaintiff, and Defendant C is obligated to file a report on the closure of the instant marina business for the registration of the Plaintiff’s business.
In addition, Defendant C is obliged to pay the lease deposit amount of KRW 30 million and damages for delay paid by the Plaintiff on January 6, 201 for the change of name.
B. Defendant D received the total of KRW 42 million from Defendant D and E’s account in the name of the Plaintiff from Defendant B, who has no authority to do so, to KRW 36 million on April 5, 2010, KRW 2 million on April 7, 2010, and KRW 42 million on August 18, 2010.
In addition, Defendant E also has no authority on January 17, 201, from Defendant B, to his own account from the tranchis account in the name of the Plaintiff to 18 million won.