부당이득금 등
1. The judgment of the first instance court, including the plaintiff's claim extended at the trial room, shall be modified as follows:
Defendant B.
1. Basic facts
A. On August 2012, 2012, the Plaintiff and Defendant B established a gas station under the name of “E station” (hereinafter “instant gas station”), including the establishment of a deposit account necessary for the operation of the gas station in the name of Defendant C after completing business registration under the name of Defendant C, the spouse of Defendant B, and starting operating the gas station under the name of “E station”).
B. While operating the instant gas station, the Plaintiff and Defendant B primarily managed the Plaintiff’s deposit account and took charge of the Plaintiff’s revenues and expenses from the operation of the gas station. Defendant B mainly took charge of the sale and delivery of oil, etc., and there was a dispute over the income distribution and settlement in the course of its operation.
Accordingly, around November 23, 2012, Defendant B arbitrarily brought to the tank glass vehicles managed by the Plaintiff and Defendant C’s deposit passbooks, etc., and managed the deposit and withdrawal of the deposit account under the name of Defendant C, and actually operated the gas station of this case solely from around that time.
C. The Plaintiff filed a complaint with the Defendants on the charge of embezzlement of the Plaintiff’s share-free oil refund and the Plaintiff’s share-free oil sales proceeds, etc. The Defendant C received a disposition of non-prosecution by the prosecution, but the Defendant B was sentenced to a disposition of non-prosecution on February 3, 2015 to be sentenced to imprisonment with prison labor for 65,58,390 won among the refund money for duty-free oil sold at the instant gas station, KRW 11,145,053 won among the sales proceeds of the oil, and KRW 12,314,428 won among the sales proceeds of the oil, KRW 12,314,740,560, and KRW 28,334 won of oil sold to the Innovation Development Co., Ltd., Ltd., and the judgment of the Supreme Court became final and conclusive on May 1, 2015.
[Reasons for Recognition] There is no dispute, Gap evidence 2, 22, and Eul evidence 4.