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(영문) 인천지방법원부천지원 2020.12.02 2018가합104633

부당이득금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells metal products, etc., and the Defendant is a person who engages in the manufacturing and wholesale and retail business of melting metal.

B. On July 21, 2016, the Plaintiff entered into a lease agreement with C, a lessee company, with the cost of acquiring KRW 205,50,000, and the lease period from July 21, 2016 to July 31, 2019, with the cost of acquiring KRW 4,684,45, the deposit amount of KRW 61,650,000, and KRW 61,650,000. 2) On December 27, 2016, the Plaintiff entered into the lease agreement with D and the Defendant as the lessee, setting the lease agreement between D and the Plaintiff as KRW 206,206,208,206, 207, 206, 206, 207, 208, 206, 206, 206, 208, 206, 2006, 207, 2006, 2006, 2006, 27, 27.26.

[Ground of recognition] Unsatisfy, each entry or video of Gap evidence 1 through 9 (including branch numbers for those with additional numbers), and the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary claim is that the Defendant’s primary claim does not have the performance as an automatic contact generally required by social norms, and thus, the Plaintiff does not have the obligation to pay remuneration to the Defendant under a contract for the supply of crops.

Nevertheless, the Defendant received the payment for the first and second automatic contact from the lessee company, and thus, the Plaintiff should return the amount equivalent to the said payment to the Plaintiff as unjust enrichment.

B. The Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the defects in the first and second automatic contact devices in accordance with the lease agreement on the first and second automatic contact devices.

3. Determination

A. (1) The Plaintiff and the Defendant continued to engage in continuous transactions from June 29, 2015 to September 4, 2017, regarding the defense prior to the merits. The Defendant is the Plaintiff.