부당이득금반환
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. The Plaintiff, based on the cause of the claim, was obligated to receive goods from the Defendant to pay the Plaintiff the price for the goods after being supplied by the Plaintiff. However, on May 21, 2012, the Defendant demanded the Plaintiff to deduct KRW 10,865,018 out of the price for the goods on the ground of defective product conditions without justifiable grounds, taking advantage of his superior position, and did not pay the price for the goods equivalent to the same amount. Therefore, the Defendant asserts that the Plaintiff is obligated to return the said KRW 10,865,018 as unjust enrichment.
According to the overall purport of the statement and pleading by evidence No. 1 ( Copy of Minutes), the Plaintiff and the Defendant paid KRW 10,865,000 to the Defendant as compensation for damages due to the defect in the Kabil on May 21, 2012, and it is recognized that the Plaintiff agreed to deduct the above compensation from the price of the goods to be paid by the Defendant due to the method of payment. Thus, even if the Defendant did not pay the above goods, it cannot be deemed unjust enrichment.
The plaintiff asserts that the above agreement was revoked because it was made by the pressure or gross mistake of the employee of the defendant, but the evidence submitted by the plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.