부당이득금
The plaintiff's claim is dismissed.
Costs of lawsuit shall be borne by the defendant.
1. On October 2015, the Plaintiff asserted that: (a) around October 2015, the Plaintiff entered into an agreement with C Co., Ltd. (hereinafter “C”) on import and sale of the Red Net in the Philippines; and (b) the Plaintiff paid the money paid by C, thereby importing and selling a dry net in the Philippines; and (c) paying the sales proceeds to the Plaintiff.
Accordingly, the Plaintiff paid KRW 46 million to C with the revenue amount of KRW 46 million. However, due to C’s shortage of funds, C entrusted the Defendant with the above-mentioned business of importing and selling imported goods.
Since then, the defendant imported 20,000 clocks from the Philippines and sold them in entirety, and received 72 million won from the seller, and according to such delegation, the defendant is obligated to pay to the plaintiff.
2. The evidence submitted by the Plaintiff, including the descriptions of Gap evidence Nos. 1 through 7 and witness D’s testimony, is insufficient to recognize the delegation relationship between Eul and the defendant with respect to import and sale, and there is no other evidence to acknowledge it.
Therefore, the Plaintiff’s assertion premised on the above delegation relation is without merit without further review.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.