부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion was engaged in the wholesale and retail business of telecommunications equipment, services, and consignment business, and entered into a contract on consignment of mobile phones with the Defendant, who is engaged in the wholesale and retail business of telecommunications equipment (hereinafter “instant consignment contract”).
However, the Defendant unfairly received subsidies by attracting mobile phone subscribers by deceiving them by means of the largest sales commission, and without notifying the Plaintiff of the violation of the duty to explain the goods prescribed in the instant consignment contract and the duty to modify the fare system, etc., the Defendant received KRW 40,220,300 from the Plaintiff as sales commission, around July 2014, and without notifying the Plaintiff thereof. < Amended by Presidential Decree No. 25573, Aug. 29, 2014; Presidential Decree No. 255748, Sep. 5, 2014; Presidential Decree No. 25574, Sep. 2, 2014; Presidential Decree No. 25596
The plaintiff mispers the defendant as the business owner, but the defendant lent his name to son, and C actually operated the above B.
Therefore, the defendant does not perform the obligations stipulated in the entrustment contract of this case by the actual business owner C, and as above, is liable for the nominal owner's liability under Article 25 of the Commercial Act with respect to the sales commission of the plaintiff, the sales commission of the plaintiff received from the plaintiff and the obligation to refund damages for delay.
2. The liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who trades by mistake of 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, e.g., Supreme Court Decision 91Da18309, Nov. 12, 191). Furthermore, the following circumstances acknowledged by adding the whole purport of the argument to the statement of No. 1, the following circumstances, namely, the seal affixed to “B” of the contract at the time of entering into the instant consignment contract, and C’s investment from the Plaintiff, such as deposit, interior, premium, etc., in operating the mobile phone store of the trade name “B.”