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(영문) 서울중앙지방법원 2017.11.09 2016가단101578

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff asserted from around 2007, the plaintiff was running a business to build and sell prefabricated small housing units using the board. However, the defendant, around November 2007, intended to purchase the board for construction from the plaintiff at low cost, and transferred the above board price to the person's deposit account designated by the defendant. The plaintiff transferred the total amount of KRW 65,501,50 on 12 occasions from November 16, 2007 to October 21, 2009 as stated in the attached sheet as requested by the defendant, but the defendant did not entirely implement the purchase agreement with the plaintiff on the board for construction (hereinafter "the purchase agreement of the board for the above case"). Thus, the defendant is obligated to pay damages to the plaintiff due to default or unjust enrichment.

B. As to whether the purchase agreement between the Plaintiff and the Defendant was entered into, or whether the money (totaling KRW 65,501,500) remitted to the Defendant, or the Plaintiff’s respective deposit accounts as above was remitted to the Defendant’s account (total sum of KRW 65,501,50) under the name of the purchase price of the board that the Defendant would purchase for the Plaintiff, even if based on the results of the Party’s personal examination against the Plaintiff, it is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the above argument of the plaintiff on the premise that the purchase agreement of the sales panel of this case was concluded, or the defendant is obligated to purchase the sales panel for the plaintiff, the above 65,501,500 won is without merit.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.