부당이득금
1. Of the part concerning the counterclaim of the first instance judgment, the amount equivalent to the following amount ordered to be paid (Counterclaim Plaintiff).
1. In the first instance court’s trial scope, the Plaintiff as the principal lawsuit, and the Defendant filed a claim for restitution of unjust enrichment with each counterclaim. While the Plaintiff’s claim for principal lawsuit was entirely dismissed, the Defendant’s claim for counterclaim partially accepted, and the remainder of counterclaim was dismissed.
However, since only the defendant filed an appeal against the counterclaim, only the part of the counterclaim claim is subject to the judgment of the court.
2. Judgment on the counterclaim
A. The defendant's assertion is asserted as follows, and the defendant sought a return of the amount of KRW 59,250,000 (=47,500,000 (Dong business Agreement) (hereinafter referred to as "lease Deposit") to the plaintiff, which is a total of KRW 11,00,000 (hereinafter referred to as the "Dong") 750,000 (hereinafter referred to as the "Lease Deposit").
1) The Plaintiff and the Defendant, at the end of 2013, suffered unjust enrichment in relation to the partnership agreement, from the machinery at the end of E (hereinafter “E-related machinery”).
2) The first operating agreement of the instant first operating agreement between the parties (hereinafter referred to as the “instant first operating agreement”) to sell profits remaining after purchase and divide such profits into one half.
) The Plaintiff and the Defendant were the factories in Kimpo-si P (hereinafter referred to as “instant factories”).
2) Machines (hereinafter referred to as “factory-related machinery”) jointly worked or invested in the factory in this case and purchased at the same time.
2) The additional operating agreement between the parties to the instant additional operating agreement between 1/2 and 1/2 (hereinafter referred to as the “instant additional operating agreement”).
In the end, the Plaintiff and the Defendant agreed to divide revenues from “E-related machinery” and “factory-related machinery” through the instant first partnership agreement and the instant additional partnership agreement (hereinafter “instant partnership agreement”) into 1/2.
I would like to conduct.
Furthermore, when specifically examining the machinery subject to settlement pursuant to the instant trade agreement, ① “E-related machinery” is “attached Form machinery” purchased from E around that time, and ② “factory-related machinery” is jointly used in the instant plant around that time.