부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
The purport of the Plaintiff’s assertion by the parties is that when the Plaintiff purchases a middle mixed machine (hereinafter referred to as “non-party company”) from the non-party company and the Defendant, and the Plaintiff transfers KRW 21 million to the Defendant account with the deposit, the non-party company delivered the instant machine to the Plaintiff, and then, when the Plaintiff transfers the accurate amount, including value-added tax, to the non-party company’s account in a fixed manner, the Defendant agreed to return the deposit to the Plaintiff.
The plaintiff remitted all the proceeds of the machinery of this case to the non-party company 23,100,000 won, and pursuant to the above agreement, the defendant is obligated to refund to the plaintiff 14 million won, the unpaid amount of the above deposit, and damages for delay.
(1) The Plaintiff, while explaining the cause of the claim, has used the term “illegal enrichment” several times, may harm the Plaintiff’s claim based on the overall content of the agreement. The purport of the Defendant’s assertion is to transfer KRW 21 million to the Defendant’s personal account under the name of C on June 25, 2015, and the Nonparty Company transferred the instant machinery to the Plaintiff, thereby completing the supply and installation contract between the Plaintiff and the Nonparty Company on the instant machinery.
Since then, the plaintiff requested the non-party company to issue a tax invoice for the above transaction to the non-party company for the purpose of money laundering, and the non-party company issued the tax invoice to the plaintiff. The non-party company is obligated to return the remaining KRW 1,690,000,000,000,000,0000,000,000,000,000
Judgment
Facts of recognition
The plaintiff is a juristic person whose purpose is to manage, produce, process, sell, etc. agriculture with eggs, and the non-party company is to manufacture and wholesale the fruits, sterilizations, metal products, etc.