부당이득금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff and the Defendant purchased non-powered barge C with equal investment shares (five to five to five) around June 1998, and began the business of marine transportation after changing the name of the barge D. On August 9, 1999, the Plaintiff and E, the Defendant’s wife, filed a registration of preservation of ownership with each share of 1/2.
B. On April 24, 2008, 1/4 of the Defendant’s share in D was registered as part of E’s share (Plaintiff 2/4, Defendant 1/4, E1/4 share), and on February 17, 2012, 1/10 of the Plaintiff’s share in D’s share was registered.
(Plaintiff 4/10, F 1/10, Defendant 2.5/10, and E 2.5/10 shares). (C)
The Plaintiff had been in charge of D’s management business and accounting business from June 1998 to the Defendant. The Defendant, from that time, managed and operated D from February 2, 2012, calculated half of its profits and paid it to the Plaintiff.
D The Ship Manager of D was registered on August 9, 199, E on April 24, 2008, and F on February 14, 2012, respectively.
E. From October 2007, the Defendant leased D as KRW 7,500,000 per month rent to G from October 2007.
F. Around June 2012, the Defendant concluded a sales contract and sold to G a total of KRW 5/10 of KRW 70,000,000 and overdue rent of KRW 30,000,000, both the Defendant and E with respect to KRW 100,000.
G. On December 7, 2012, the Plaintiff and F entered into a sales contract with G to sell the total of 5/10 of D’s shares in purchase price of KRW 70,000,000.
H. The Defendant paid F the Plaintiff’s representative KRW 35,186,000 in total, including KRW 2,60,000 in the year 2008, KRW 12,586,000 in the year 209, and KRW 12,586,00 in the year 209, and KRW 35,186,000 in the terms of profit dividends from February 19, 2013.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. From March 2008 to October 2010, the Plaintiff’s assertion revealed that D revenues amount to KRW 229,920,000, and the Defendant.