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Reasons
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(영문) 서울북부지방법원 2017.09.27 2016나6000
부당이득금반환
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1. The plaintiff's primary claim changed in this court is dismissed.

2. The defendant's appeal is dismissed.

3...

Reasons

1. Facts of recognition;

A. On November 4, 2008, the Plaintiff, under the trade name of “D,” decided to invest the operating capital in C, which was engaged in the entrusted parking business, and drafted a consignment parking guarantee contract with C and the Defendant, with the following contents.

The party "B" of the above contract refers to the plaintiff's personal information, and the "A" refers to the name, resident registration number, and the name and resident registration number of the defendant as the guarantor together with the name and resident registration number of the D representative C.

(hereinafter “instant contract”). At the time, the Defendant was C’s employee (the office chief).

(parking)In entering into a consignment contract between Party A and Party B, the management and revenue will be shared, respectively.

Article 1 (Purpose)

1. This Agreement shall ensure that in paying 30 million won per day to A in the form of a security deposit, Party A shall pay 30 million won per month the monthly interest rate (base income) on the contract amount of Party B.

Article 2 (Term of Validity of Contract)

1. The term of validity of a basic contract shall be one year, unless amended, and may be extended and shortened by consultation between A and B.

Article 3 (Distribution of Revenue and Expenditure)

1. The contract price under Article 1 (1) shall be determined by the rate between A and B;

Article 4 (Obligation to Fulfill)

1. A is fully responsible for the entire deposit of B, and then A is fully liable for the entire deposit of B to B when a dispute arises with A’s contractors.

B. The Plaintiff paid KRW 20,000,000 on November 4, 2008, and KRW 10,000 on November 23, 2008, respectively, to the account in the name of the Defendant pursuant to the said investment contract.

In addition, the defendant paid KRW 10,000,000 to the defendant's above account on January 7, 2009 by making investment of KRW 10,000,000.

C. C paid each of the Plaintiff KRW 700,000 on December 5, 2008, KRW 900,000 on January 4, 2009, and KRW 1,200,00 on February 4, 2009, respectively, to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, and the purport of the whole pleadings.

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