부당이득금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. As alleged in the ground of appeal and judgment, the Plaintiff asserted that, while performing the sales agency business for E-commercial buildings conducted by the Defendant from September 2017 to May 2018, the Plaintiff, along with the Defendant, received all the sales commission fees to the Plaintiff, the Defendant is obligated to pay the Plaintiff the sales agency fee of KRW 32 million and the damages for delay.
According to the statements in Eul evidence Nos. 1, 2, and 5 (including virtual numbers), the plaintiff performed the sales business of the commercial building of this case as the 4 team chief from September 2017 to December 20, 2017, and the defendant is recognized as the 3 team chief for the same period.
However, it is not sufficient to recognize that the Plaintiff sold the instant shopping mall by proxy until May 2018, as described in subparagraph 1, the Plaintiff sold the instant shopping mall by proxy until May 2018, and that the commission incurred therefrom reaches 69,176,000 won, or that the Defendant received the sales agency fee to be reverted to the Plaintiff from the Plaintiff Company D instead of the sales agency fee to be reverted to the Plaintiff, and there is no other evidence to prove otherwise.
(1) The Defendant stated in the written application for payment on the date of the first pleading that “The commission for the sale of goods in lots, which was incurred after the completion of the sale in lots, is merely about KRW 32 million,” but it is not clear whether the Defendant’s above statement was the purport of recognizing the fact that the Defendant received the commission for the sale in lots from D, and thus, it is difficult to view the above statement as the confession of the Plaintiff’s claim as a judicial confession. Therefore, the Plaintiff’
2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.