부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff is a person who operates a new launch manufacturing enterprise under the trade name of "B" and supplies finished products after being entrusted with the manufacture of new products by companies, such as Ledpets Co., Ltd. (hereinafter " Ledpets"), and the defendant is a corporation engaged in combined freight forwarding business, transportation brokerage business, etc., and incidental business related to the harbor.
The Plaintiff entered into a supply contract upon receiving a request for the manufacture of new shoes from Les, and entered into a contract for the processing of new packaging products with SPS Co., Ltd. (hereinafter “SP”) for the supply.
On the other hand, U.S. entrusted the defendant with the freight forwarding service for the import of the new packaging products manufactured in China.
On April 19, 2016, the Defendant urged Masung to pay KRW 26,567,670 for export and import freight charges, etc., and notified on April 15, 2016 that two imported freight under the name of Masung SP, which was brought in to Incheon port, should be seized until the accounts payable are settled.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers), the argument of the purport of the whole pleadings, and the plaintiff's argument that the defendant asserted that the plaintiff should suspend customs clearance of the goods that the plaintiff should have supplied from Es.S. and detained the goods, so that the plaintiff should pay the plaintiff the transportation fee to the defendant of Es.S. instead of the defendant of Es.
The Plaintiff’s act of performance, with knowledge that there is no obligation, is forced by the Defendant to perform performance, or forced to perform performance in order to avoid de facto damage caused by the refusal of performance, and is not done by the Plaintiff’s free will.
Therefore, this constitutes the defendant's unjust enrichment, and the defendant's transportation fee of Masung SPS paid from the plaintiff is 26,567,670 won and this is related thereto.