부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
1. The counterclaim Defendant: (a) concluded the consignment management contract with the counterclaim; (b) demanded the counterclaim to pay unfair money prohibited under the Trucking Transport Business Act; and (c) on October 18, 2016, the counterclaim Defendant transferred KRW 6.5 million to B, an employee of the counterclaim Defendant.
Therefore, the counterclaim defendant should pay 6.5 million won and damages for delay to the counterclaim.
2. According to the purport of the evidence No. 1-1 and No. 1-1 and the entire pleadings, the Plaintiff and the counterclaim Defendant concluded a consignment management contract between the Nonparty and the Nonparty on October 18, 2016, where the Plaintiff was entrusted with the management right of the trucking transport business and the payment of management expenses, etc. in return for the operation of the freight trucking transport business by the Nonparty. On the same day, the fact that KRW 6.5 million was remitted from the Daegu bank account in the name of the trading company to the account in B.
However, the above facts alone are insufficient to deem that the counterclaim Defendant gains a profit equivalent to 6.5 million won from the assets of the counterclaim without any legal ground, and thereby, incurred a loss equivalent to the same amount to the counterclaim, and there is no other evidence to prove otherwise.
3. Thus, the plaintiff's claim against the plaintiff is dismissed as it is without merit. It is so decided as per Disposition.