부당이득금
1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
1. Basic facts
A. From May 22, 2015 to March 2, 2016, the Defendant received a total of 127,064 kg steel products from the Plaintiff and processed them, and supplied the Plaintiff with steel products of 11,042 kg in total.
B. On May 16, 2015 and January 7, 2016, the Plaintiff requested the Defendant to request the processing of steel products by e-mail, and requested that “the breadth be settled and deducted from the waste processing expenses.”
(c)
From July 1, 2015 to February 22, 2017, the Plaintiff paid a sum of KRW 53,99,000 to the Defendant as the processing cost, etc.
[Ground for recognition] The facts without dispute, Gap evidence Nos. 1-4, 8, 10, Eul evidence Nos. 1-3, 14-16, and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. Plaintiff 1) The Defendant’s primary claim either returned to the Plaintiff all remaining steel products 16,022kg (i.e., 127,064g - 111,042 g) incurred while processing steel products, or did not perform the obligation to dispose of the said remaining steel products and deduct them from the cost of processing.
Therefore, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 36,471,258, which is the purchase price for the remaining steel 16,022km and KRW 1,761,210, which is equivalent to the scrap disposal price for the remainder 2,957kg and KRW 38,232,468 (= KRW 36,471,258 + KRW 1,761,258 + KRW 1,761,210), and any delay damages therefrom.
2) The conjunctive defendant filed a preliminary claim, even though he owned the remaining steel products 16,022 kg of the plaintiff's remaining steel products, without returning them, and thereby arbitrarily disposing of them, and thereby making profits equivalent to the disposal proceeds and losses to the plaintiff. The defendant is obligated to pay to the plaintiff 38,232,468 won and delayed damages, which are the same amount as the above primary claim, due to unjust profits or tort.
B. The Defendant’s request to settle the Plaintiff’s breadth and deduct the Plaintiff’s breadth from the scrap processing cost.