물품대금 반환 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. The Plaintiff is engaged in the business of manufacturing and selling glass bottles, synthetic resin, etc. with C’s trade name.
The defendant is D's Cho Jong-man.
D In October 2018, 2018, it proposed that the Defendant supplied plastic (PET) raw materials to the Defendant, and that the Defendant supplied plastic (PET) raw materials from the Defendant.
On October 5, 2018, the Plaintiff entered into a contract with D on behalf of the Defendant on the supply of 600 tons of plastic (PET) raw materials from the Defendant within ten (10) days after entering into the contract, and to pay 660,000,000 won to the Defendant (hereinafter “instant contract”). On the same day, the Plaintiff paid 660,000,000 won to the Defendant.
B. Although the Plaintiff paid the full amount of the goods, the Defendant did not supply the goods within 10 days after the conclusion of the contract.
The contract of this case shall be cancelled for the defendant's default and the return of the price of goods shall be claimed.
C. Preliminaryly, if the conclusion of the instant contract is not recognized, D, even though it did not have obtained the power of representation from the Defendant, by deceiving the Plaintiff, thereby deceiving the price of the goods under the instant contract and discharging the obligation to the Defendant with the said money.
Since the defendant received the money acquired by DNA with the knowledge that D acquired the above money by tort or without gross negligence, the above money acquisition by the defendant lacks legal cause in relation to the plaintiff.
The defendant shall return the above money to the plaintiff as unjust enrichment.
2. Determination as to the cause of action
A. According to the evidence Nos. 3-1 and 2-2, the fact that the Plaintiff remitted KRW 660,000 to the Defendant on October 5, 2018 is recognized.
B. However, the above remittance details and the evidence presented by the Plaintiff alone will be supplied within 10 days after entering into a contract with D and the Defendant, the Defendant’s agent on October 5, 2018, with the amount of KRW 600 tons of plastic (PET) raw materials of KRW 660,00,000.