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(영문) 의정부지방법원고양지원 2015.01.23 2013가단20499

부당이득금반환

Text

1. From December 18, 2013 to January 23, 2015, the Plaintiff (Counterclaim Defendant) paid a gold of KRW 3,844,250 to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts: To be deemed both a principal lawsuit and a counterclaim;

A. The Plaintiff and the Defendant’s relationship 1) are legal entities that engage in the business of importing and selling the household. The Defendant is an individual entrepreneur who imports and sells the household while operating a mutually agreed household store of “C.” (2) The Plaintiff and the Defendant supplied the other party with a household between April 2008 and January 25, 2013, or maintained a transactional relationship with the other party with which the household is supplied.

B. The Plaintiff supplied the Defendant with a total of KRW 83,657,500 among May 19, 2010 to December 4, 2012. 2) The Defendant remitted KRW 57,00,000 in total to the Plaintiff from October 5, 2010 to December 19, 2011 for the price for households, etc. supplied by the Plaintiff.

C. 1) The Defendant supplied the Plaintiff with a total of KRW 247,859,450 to January 5, 2010 from around January 5, 2010 to January 25, 2013 (the Plaintiff’s aforementioned KRW 247,859,450 is the Defendant’s unilaterally calculated amount. The Plaintiff and the Defendant agreed between the Plaintiff and the Defendant to make profits by not giving special profits to the imported households in the course of selling and selling the households imported from China, but instead, raising a profit by raising a profit of about KRW 400 per piece of household, so the Defendant’s price for the households, etc. supplied to the Plaintiff shall be deemed as KRW 190,324,667. However, considering the evidence presented by the Plaintiff, there was lack of evidence to acknowledge that there was a different agreement between the Plaintiff and the Defendant as to the remaining profits, etc.