부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that: (a) a person operating a wholesale and retail business of telecommunications equipment; (b) a person who runs a wholesale and retail business of telecommunications equipment; and (c) entered into a mobile phone consignment contract (hereinafter “instant consignment contract”) with the Defendant on March 1, 2013; (d) the Defendant faithfully performed the obligation under the instant consignment contract from March 2013 to December 2013; and (e) the Plaintiff paid sales commission to the Defendant; (c) however, the Defendant unfairly received subsidies by attracting sales commission by deceiving the mobile phone subscribers by means of fraud in mind of closing the business from January 2014 to May 2014; (d) even if the Plaintiff breached the obligation to explain the goods stipulated in the instant consignment contract and the obligation to modify the fare system, the Defendant paid a total of 162,499,490 won to the Plaintiff and subsequently discontinued the sales commission.
On the other hand, the plaintiff misunderstood the defendant as the business owner, but the defendant was merely the person who lent the name to C. The defendant did not perform the duty stipulated in the entrustment contract of this case, and the defendant is liable for sales commission 162,49,490 won and damages for delay received from the plaintiff as above pursuant to Article 25 of the Commercial Act.
2. The liability of the nominal lender under Article 24 of the Commercial Act, which is to protect a third party who trades by misunderstanding the nominal owner as a business owner. Therefore, if the other party to the transaction knew of, or was grossly negligent in, the fact of the nominal name, the nominal lender shall not be held liable (see Supreme Court Decision 91Da18309, Nov. 12, 191), and the following circumstances, which are acknowledged by adding the whole purport of the pleadings to the entries in the evidence Nos. 2 and Nos. 4 and 5 (including the serial number).