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(영문) 대구고등법원 2015.10.29 2014나5310
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment and delivery below shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the entries in Gap evidence Nos. 2 through 8, 13, Eul evidence No. 3, 8, 19, 27 (including the whole number; hereinafter the same shall apply) and the whole purport of the pleadings.

As the management of “C” and “C” operated at the end of August 2009 becomes worse, the Plaintiff became unable to operate its two companies in its own name.

Accordingly, from September 8, 2009 to May 19, 2010, the Plaintiff borrowed the exclusive title of E, and operated the chemical title manufacturing business in the name of “G” at the Daegu Seo-gu F factory (hereinafter “Wing-gu”). From May 20, 2010 to May 31, 2010, the Plaintiff borrowed the direct title manufacturing business under the name of E and the Defendant for operating the instant direct title manufacturing business. From June 1, 2010 to the Defendant’s sole loaned the instant direct title manufacturing business.

B. On April 28, 2010, the Defendant’s ownership registration was completed with respect to HHH Epir vehicle (hereinafter “Epir”) and I tepir vehicle (hereinafter “tepir”). From that time, the Plaintiff operated Opir and the Plaintiff’s wife, respectively.

Most of the prices, insurance premiums, etc. of Ors and Rotterdam were paid from the deposit account in the name of the defendant, which was opened and used to operate the instant direct water manufacturing enterprise.

On August 18, 2013, the Defendant, using auxiliary heat, sold the techere in KRW 11,000,000 on August 26, 2013 to the motor vehicle dealer on August 20, 2013, using towing vehicles, and taking the techere in KRW 6,00,000 on August 26, 2013.

C. On June 24, 201, the Defendant: (a) between J and J on June 24, 201 in order to move the instant rectangular manufacturing business entity, the Defendant: (b) “J 364m2 in Gyeong-si, Busan-si; (c) 1,188m2 in L-type land; (d) 81m2 in M-type land; and (e) the above L-ground factories are purchased.

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