부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment on the plaintiff's claim
A. On January 2015, the Plaintiff and the Defendant jointly produced the machinery to make the parts of carbon fibers, and the Plaintiff entered into a partnership agreement with the Defendant to provide funds necessary for joint development of carbon fibres and to provide the Defendant with labor.
Accordingly, between January 2015 and September 2015, the Plaintiff provided 54,703,000 won in total and 5,000 won per month between the purchase price of used machinery and the purchase price of used machinery. The Defendant completed the development of the carbon fiber scraping machine around 2015.
However, in the process, there is a dispute between the plaintiff and the defendant, and the defendant around January 17, 2016, the non-party C, who is an employee of the plaintiff, shall be limited to KRW 50 million on January 15, 2016;
2. The Plaintiff promised to return KRW 50 million to the Plaintiff.
At present, the defendant is running a business producing carbon in the factory located in Gangseo-gu Busan Metropolitan Government D using completed machinery with other investors.
In this case, the partnership was dissolved due to the success or failure of the business which is the objective of the partnership. Accordingly, the defendant is obliged to pay to the plaintiff the amount equivalent to the value of the parts of the carbon fiber, instead of possessing the completed parts of the parts of the carbon fiber.
Therefore, the defendant is liable to pay to the plaintiff KRW 55,703,00 and damages for delay.
B. First of all, we examine whether the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff to jointly manufacture the machinery to manufacture the parts of carbon fibers around January 2015, 2015. However, the Plaintiff asserted in the warden that the Plaintiff would operate the business of manufacturing and selling the card board as the cause of the claim, and then asserted that the Plaintiff jointly agreed to jointly carry on the business of producing carbon fiber fibers in preparatory documents, and the specific business scope is not clear, and the Plaintiff’s assertion is the same.