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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Facts of recognition
This Court's explanation is consistent with the corresponding part of the judgment of the court of first instance except for dismissal, deletion or addition as follows. Thus, this Court's explanation is cited by the main sentence of Article 420 of the Civil Procedure Act.
The part of “(1)(1)(1)(2) of the judgment of the first instance court is as follows. 1) D Co., Ltd. (hereinafter “D”)
(B) A company established around May 19, 201 for clothing, miscellaneous retail business, etc., and from around that time, a parallel import of the parallel import to the third floor of the building V in Busan, Daegu, Busan, and from that time, a general importer, other than an official importer with a domestic monopoly sales right, carries goods into Korea through other distribution channels.
(B) On January 30, 2012, the store operators recruited “E building F” composed of 22 miscellaneous stores, such as clothes, shoes, and horses (hereinafter “instant Bullet”) for opening on January 30, 2012.
The defendant is a person who registered his/her business from June 20, 2005 to May 31, 201 as the trade name "W" (hereinafter referred to as "W") with the competent tax office from May 31, 201, and was a representative director D.
D) The part of “(3)” of the first instance judgment of the court of first instance is deleted. (D was dissolved by a resolution of the general meeting of shareholders on June 15, 2016, and the liquidation was completed on September 25, 2016).
"The evidence No. 1, No. 17, No. 5" is added to "the ground for recognition of the fourth sentence of the first instance judgment".
The plaintiffs' assertion on the first argument is that the defendant received KRW 2,601,307,916 from the franchisees of the pertinent B or Bullet and returned KRW 2,081,401,496 to D. As such, the difference in KRW 519,906,420 (= KRW 2,601,307,916 – KRW 2,081,401,401,496) that must be reverted to D or that the defendant received from D without any cause, or that the defendant borrowed from D.
The plaintiffs are about D's unjust enrichment return claim and loan claim against the defendant.