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(영문) 창원지방법원 2016.06.01 2015나36680

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff operates a restaurant in Scheon-si C with D, and the Defendant operates a livestock products wholesale business with the trade name of F in Daegu-gu E.

B. The Defendant entered into a land supply contract with the Plaintiff, supplied the following goods to the Plaintiff, and received the payment thereof.

Serial 15,00,00 - 936,05 August 13, 2014 on August 14, 2014: 14,00; 15,00-931, 424 - 836,05 August 11, 2014; 11,000,00-36. 16, 274, 475. 16, 274, 475, 16. 16, 208; 10. 15,00,00-95, 369. 16, 204; 10. 16. 4. 16. 3, 206; 10. 4. 16, 205

C. On March 31, 2015, the Defendant filed a lawsuit against the Plaintiff for the payment of goods with the Daegu District Court 2015Gada18498, and the instant case continued to have been in effect by the Changwon District Court 2015 Jincheon District Court 20816 on June 9, 2015. On November 11, 2015, the said court rendered a judgment on the premise that the Defendant supplied the Plaintiff with KRW 14,881,870 on December 3, 2014, “the Defendant (the instant Plaintiff) paid the Plaintiff KRW 6 million and its delay damages to the Plaintiff (the instant Defendant)” on the premise that the Plaintiff did not appeal, and the said judgment became final and conclusive on November 28, 2015.

(hereinafter referred to as "related cases"). [Grounds for recognition] The fact that there is no dispute, entry of Eul Nos. 3 and 14 (including each number), the purport of the whole pleadings.

2. Determination as to the cause of action

A. As the Plaintiff’s assertion 1 of the parties concerned dynasium in December 2014, the Plaintiff paid 15 million won in advance to the Defendant on December 24, 2014, but the Defendant did not provide fynasium. As such, the Defendant did not provide fynasium to the Plaintiff.