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(영문) 수원지방법원 안산지원 2018.12.12 2017가단64357

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At around 2015, EsPethyl Co., Ltd. (hereinafter “EsPethyl”) received sPoppy and V, etc. from the Plaintiff, and from the Defendant, the H beamline, etc. were supplied to the NAS Construction Co., Ltd. (hereinafter “SS construction”), by melting, assembling, and processing them, and supplied them to the NAS Construction Co., Ltd. (hereinafter “SS construction”), and the price for the goods against the Plaintiff and the Defendant was paid in the manner of deposit with the Plaintiff’s EsP foreign currency account or the Defendant’s foreign currency account or deposit with the Defendant’s foreign currency account.

B. On June 10, 2015, US$ 317,576 ($ 16,094,33 of the Plaintiff’s price for the goods) as the invoice number SKS 2015-1 through 3 invoices issued on May 14, 2015, and ② on July 23, 2015, the Defendant’s foreign currency account of USD 317,576 ($ 16,094,33 of the Plaintiff’s price for the goods) was the invoice number 205,084 ($ 10,185,505-4, 7 invoice number 205, 305, 205, 305, 205, 205, 305, 205, 205, 205, 305, 205, 30, 25, 2015.

On June 10, 2015, the Plaintiff deposited USD 317,567.07, out of USD 317,576 deposited in the Plaintiff’s Este foreign currency account on the same day, at the request of Esteph, into the Defendant’s foreign currency account.

C. On June 10, 2015, the Defendant returned 92.8 million U.S. dollars 317,567.07, which the Plaintiff deposited to the Defendant’s foreign currency account on the ground of erroneous deposit, on three occasions during the period from June 18, 2015 to July 15, 2015.