부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff and the Plaintiff asserted that, on January 8, 2015, the Plaintiff and Korea Transportation Co., Ltd. (hereinafter “Korea Transportation Co., Ltd.”) entered into the instant entrustment contract (hereinafter “instant entrustment contract”). However, even though the Defendant did not receive any arrangement from the Defendant, the Plaintiff paid KRW 1 million to the Defendant under the pretext of the arrangement fee, the Defendant is obligated to refund the said KRW 1 million and the damages for delay as unjust enrichment to the Plaintiff.
In regard to this, the defendant asserts that the defendant signed an entrustment contract of this case with the Green Transit Co., Ltd. (hereinafter referred to as the "C"), which is the representative of the defendant, the defendant has the right to receive brokerage fees from the plaintiff, and is paid one million won as such.
On January 8, 2015, the instant consignment contract was concluded between the Plaintiff and the Korea Transportation Agency on the same day, and the Plaintiff paid KRW 1 million to the Defendant on the same day. However, according to the purport of each of the statements and arguments in the evidence Nos. 1 through 3, the Plaintiff appears to have concluded the instant consignment contract through C, which engages in the business of arranging truck, etc. separate from the Korea Transportation Agency, and therefore, it is reasonable to deem that the Plaintiff paid KRW 1 million to the Defendant as the brokerage fee.
Therefore, the plaintiff's assertion seeking the return of the objection is without merit.
2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.