부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff is an individual entrepreneur who runs the wholesale and retail sales business of sports goods, etc. under the trade name of “C,” and D (hereinafter “D”) is a company that runs the wholesale and retail sales business and trade business of sports goods, etc., and is its representative director.
B. Around October 2015, the Plaintiff and the Defendant entered into a contract with the Plaintiff to purchase and supply the U.S. E-sports supplies (hereinafter “instant sports supplies”) through the parallel importer’s with the Defendant when the Plaintiff paid the price to the Defendant.
(hereinafter “instant contract”). C.
On October 16, 2015, the Plaintiff paid 8,752,650 won to the Defendant as down payment (hereinafter “instant down payment”) equivalent to 30% of the total goods price of KRW 29,175,500.
The Defendant entered into a contract similar to the instant contract with other persons than the Plaintiff, and paid KRW 42,897,885, including the instant down payment, to F and G on October 30, 2015 at the Durg’s request.
E. On April 1, 2016, the Defendant requested the Plaintiff to pay the remainder of KRW 20,422,850 (=29,175,500-8,752,650), and the Plaintiff refused to pay the remainder upon receiving the instant sports supplies.
F. Since then, the instant contract did not proceed any longer, and the Plaintiff’s duplicate of the instant complaint was served on August 10, 2017 to the Defendant to the effect that the instant contract was rescinded on the grounds of the Defendant’s nonperformance of obligation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6 and Eul evidence Nos. 1, 3, 4, 5, 6, 8, 9, 12 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1 by the parties is a contract for the supply of goods, and the Defendant is obligated to deliver the instant sports goods to the Plaintiff, and the Defendant is obligated to deliver the goods.