부당이득금
1. The part against Defendant B among the judgment of the court of first instance is revoked, and the Plaintiff’s aforementioned revocation part is the defendant.
1. Facts of recognition;
A. On February 19, 2016, the Plaintiff entered into an access contract and paid 170,000 won down payment to Defendant D for the purpose of concluding an access contract by contacting the Defendant D, recorded as a person in charge of reporting an advertisement from “G”, which is a portal site, to run a cargo transport business, as follows.
Type / smoke : Items of Hyundai Ethy 2.5 tons/2010: Operational sections of H Tobacco Delivery Vehicles: 5 million won: 45 million won for acquisition of vehicle: From among the convenience stores of large enterprises, tobacco delivery vehicles are considered to be excellent.
70% degree is tobacco, and 30% level is the higher-class manufactured product.
B. On the same day, the Plaintiff wanted to purchase vehicles and employ news articles to Defendant D and carry on the transportation business. Accordingly, Defendant D did not have to be able to understand because he/she had a variety of articles and processed related procedures on the side of the company.
C. On February 24, 2016, according to the introduction of Defendant D, the Plaintiff entered into a motor vehicle sales contract (hereinafter “instant sales contract”) with the Defendant C, the actual representative of Defendant B Co., Ltd. (hereinafter “Defendant Company”), setting the sales amount of KRW 44 million with respect to the freight truck in February 5, 2010 (hereinafter “instant sales contract”), and paid the sales amount in full.
However, the Plaintiff entered into a partnership agreement with Defendant C and D on April 22, 2016, on which the Plaintiff invested a cargo vehicle in kind, and the said Defendants entered into an agreement with Plaintiff 70% and 30% of the said Defendants to distribute the profit therefrom by hiring the article and managing the vehicle (hereinafter “instant partnership agreement”).
E. However, notwithstanding the instant partnership agreement, the said Defendants paid KRW 1 million each over three times from June 29, 2016 to August 25, 2016 under the name of J, the representative director of the Defendant Company.