부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 25, 2013, the Defendant is a trucking business operator and completed the registration of ownership transfer in its future with respect to an automobile listed in the separate sheet (hereinafter “instant automobile”) on November 25, 2013.
2) On December 27, 2016, the Plaintiff entered into the instant consignment management contract with the Defendant (hereinafter “instant consignment management contract”) as follows.
In other words, the Plaintiff’s entry of the instant automobile into the Defendant and entrusted the Defendant with the right to manage the trucking transport business regarding the instant automobile, and paid a certain amount of management expenses each month in return for the entrustment to the Defendant, and borne all the costs necessary for the vehicle operation management.
The term of validity of the above contract was set as two years from the date of the contract.
3) At the time of the conclusion of the instant consignment management contract, the Plaintiff entered into a sales contract to purchase KRW 110 million from the Defendant for the instant automobile (hereinafter referred to as “instant sales contract”), and paid the Defendant the purchase price of KRW 110 million from December 28, 2016 to December 29, 2016 (the Plaintiff’s agent paid KRW 110 million to the Defendant on December 28, 2016 as well as KRW 110 million from the cause of the instant claim.
4) The instant consignment management contract was terminated around December 27, 2018, which is the scheduled date of expiration of the term.
B. 1) The public prosecution was instituted against the Defendant’s representative C due to the occupational breach of trust by the Incheon District Court 2019 High Order 6085.
Of the facts charged, the part relating to this case is as follows.
① On December 27, 2016, the Plaintiff and the instant motor vehicle externally entrusted the name of the instant motor vehicle to the Defendant and to operate the instant motor vehicle under its own account upon being entrusted with the ownership and the right to manage the said motor vehicle.