부당이득금반환
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The judgment of the court of first instance is rendered on October 1, 2019 in the Disposition of the court of first instance.
1. Facts of recognition;
A. On January 20, 2014, the Plaintiff entered into a contract with the Defendant to supply fireworks agency services with respect to B entrusted by the Seoul Special Metropolitan City, and to receive the sales amount from the Plaintiff as of the end of each month.
B. Around June 2017, the Plaintiff found that the Defendant paid KRW 17,462,522 to the Defendant including an additional tax, despite being a duty-free business entity, and that the Plaintiff paid KRW 17,462,52 to the Defendant from April 2014 to April 2017. Accordingly, the Plaintiff and the Defendant agreed to reimburse the amount under mutual agreement with each other.
(hereinafter referred to as “instant agreement”). C.
Then, the Defendant, on October 11, 2017, repaid KRW 13,962,522 to the Plaintiff on October 22, 2018 and KRW 13,962,522 to the Plaintiff on October 22, 2018 (i.e., the total amount paid and KRW 17,462,522 to the Plaintiff - The repayment plan (i.e., the total amount paid and KRW 2,00,50,000) was presented as follows (hereinafter “the repayment plan of this case”).
(2) The repayment amount of KRW 2,00,000 on November 10, 2018: (a) KRW 2,000,000 on December 10, 2018; (b) KRW 2,000,000 on January 10, 2019; and (c) KRW 13,962,522 on March 10, 2019; and (b) KRW 2,000 on March 10, 2019; and (c) KRW 13,962,522 on May 1, 2019.
D. After formulating the instant repayment plan, the Defendant repaid KRW 2,00,000 to the Plaintiff on November 09, 2018.
(hereinafter “Additional Redemption of this case”). E.
The Defendant did not implement the instant repayment plan after the instant additional repayment, but the Plaintiff was on January 25, 2019, and the same year.
3.25.25., 3.25.
4. 24. Claim for the payment of the remainder of 11,962,522 won (i.e., 13,962,522 won - additional 2,000 won) due to the agreement of this case.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading
2. The Plaintiff’s determination on the cause of the claim remains against the Defendant.