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(영문) 광주지방법원 2020.08.28 2019나4072

물품대금 반환

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an employee of C(DB) and the Defendant is a processing company that has received bio-accom from C and has discharged bio-accom from bio-accom, with payment of bio-accom.

B. B. From 2014 to August 2016, C and the Defendant have been engaged in a transaction in which C purchased bio-accom and provided the Defendant with bio-accomforation, etc., the Defendant processed and supplied it to the Defendant.

C. Around June 2016, the Defendant received a request from C for the processing of bio-red fish (total amounting to 2,500 kilograms) purchased by C, and supplied C with 200 boxes of bio-dried fish processed to C around June 23, 2016, 50 boxes of bio-dried fish and 29 boxes of bio-dried fish processed to C around June 27, 2016. < Amended by Presidential Decree No. 27277, Jun. 27, 2016>

(hereinafter referred to as “the instant bonds”) D. The processing contract is called “the instant bonds processing contract.”

C The transportation company overseas from the side transported the bonds of this case to the Defendant's workplace located in Yongnam Cancer-gun in Busan, and the transportation cost was also borne by C.

E. C’s workplace received the Defendant’s radioactive loan in this case, part of the radioactive loan was deteriorated, and C decided to return the radioactive loan that was deteriorated to the Defendant. On September 2, 2016, the Defendant recovered 180 radioactive loan out of the radioactive loan in this case, which was stored in the freezing warehouse at C’s workplace through the above transportation company, from among the radioactive loan in this case.

F. On May 26, 2017, C notified the Defendant of KRW 6,600,000, and KRW 3,600,428, which C remitted to the Defendant at work expense, as purchased by C by June 10, 2017.

G. On July 15, 2019, the Plaintiff acquired, from C, the amount of wrong fish and the refund of processing costs (10,600,000 won) following the cancellation of the instant contract for offshore fish processing to the Defendant.

C around that time notified the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s assertion C is an erroneous processing to the Defendant around June 2016.