부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On June 10, 2012, the Plaintiff asserted that, if the Plaintiff purchased oil from the Defendant on June 10, 2012 and pays the oil price in cash, 5% of the amount of the oil would be deducted and refunded, the Defendant did not refund the amount of the oil by 5% since the Defendant paid the amount of the oil equivalent to KRW 600 million by January 4, 2013. Thus, the Defendant is obligated to return the amount of the oil refund by 5% (=60 million won x 5%) to the Plaintiff as unjust enrichment.
The statements in Gap evidence Nos. 1 through 4 alone are insufficient to recognize that the defendant agreed to have agreed to refund the oil price after deducting 5% of the oil price if the defendant pays the oil price to the plaintiff in cash, and there is no other evidence to acknowledge this otherwise.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.