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(영문) 인천지방법원 2016.02.17 2015가단71633
부당이득금반환
Text

1. The counterclaim claim is dismissed.

2. The costs of lawsuit incurred by a counterclaim shall be borne by the counterclaim.

(p)bed;

Reasons

1. Determination as to the cause of claim

A. Since C, which is the son of the Counterclaim Plaintiff, is an internal and substantial owner and business with respect to the attached vehicle indicated in the summary of the Counterclaim Claim and the logistics transport business for this, the transport income that the Counterclaim Defendant received as the vehicle price should be ultimately attributed to the Counterclaim Plaintiff (C).

Therefore, the counterclaim Defendant returned unjust gains to the counterclaim Defendant from March 28, 2015 to the same year.

4. From 12830,000 won in total received by the Counterclaim Defendant up to 24.2, C shall pay the Counterclaim Defendant two times in March and April, and the delay damages. (b) In addition to the whole arguments, the following circumstances can be revealed: (a) transport income acquired by the Counterclaim Plaintiff is a legal ground and the cause of claim by the Counterclaim Plaintiff is not acceptable. (b) In the internal relationship between the parties, the Counterclaim Defendant bears the above vehicle (in the name of the Counterclaim Plaintiff, KRW 87 million), the purchase price (in the name of the Counterclaim Plaintiff) (in the name of the Counterclaim Plaintiff) (in the name of the Counterclaim Plaintiff, KRW 205,00), and the vehicle transport income is the main agent of the Counterclaim Defendant 2,000,000 won in the name of the Counterclaim Defendant 2,000,000 won in the name of the Counterclaim Defendant 2,000,000 won in the name of the Counterclaim Defendant 3.25.

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