부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff sold to C the vessel engine and the scopic scopic (acopic scopher on the window, the scopic scopic scopic scopic scopher to a high weight by cutting off the wire, using the scopic scopic scopher to a high weight; hereinafter “instant vessel engine, etc.”). The price was to be paid later.
(hereinafter “instant trade”). (b)
At the time of the instant sales, the instant vessel engine, etc. was occupied by the Defendant.
C. Upon the Plaintiff’s request, the Defendant installed the instant vessel engine, etc. on C’s owned vessel, and the Defendant, separate from the vessel equipped with the instant vessel engine, etc. (hereinafter “instant vessel”), repaired D (hereinafter “repaired vessel”).
Before filing an application for the auction of the vessel with respect to the repair vessel, the Defendant prepared a written agreement with C as follows:
The Defendant’s payment of KRW 70 million, in the presence of the Defendant, to be paid to the Plaintiff upon receipt by C of the instant vessel equipped with the instant vessel engine, etc. at the request of the Plaintiff.
E. On October 13, 2011, the Defendant filed a claim for KRW 474,501,884 for a vessel rental auction (the Busan District Court E; hereinafter “instant voluntary auction”) with the repair cost claim against the repair vessel. The amount is the amount including KRW 70,000,000,000 for the said agreement.
F. In the instant voluntary auction, the Defendant received dividends of KRW 392,938,706 for the repair cost of the repair vessel based on the maritime lien.
G. The Defendant filed a lawsuit against the Plaintiff and the F Co., Ltd. (hereinafter “Plaintiff, etc.”) to seek construction cost in Busan District Court 201Da5512, 36714 (Joint) and the appellate court proceeding in Busan District Court 2012Na7608, 7615 (Joint) on May 9, 2013, “Plaintiff, etc.” and the Defendant jointly and severally filed a lawsuit against the Plaintiff and the F Co., Ltd. (hereinafter “Plaintiff, etc.”). < Amended by Act No. 10548, Apr. 20, 2011>