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(영문) 서울중앙지방법원 2019.12.06 2019가단5001742

대여금

Text

1. The Defendant’s KRW 67,764,060 for the Plaintiff and 6% per annum from January 12, 2019 to December 6, 2019.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff, on November 21, 2018, supplied the Defendant with the total amount of KRW 67,764,060,00, such as the sale wastes and necks, to the Defendant on November 21, 2018, is either under dispute between the parties or may be recognized by the statement of evidence No. 1. Thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff the price for the goods.

On the other hand, the defendant was entrusted with the disposal of the inventory goods at the plaintiff's request, so if the defendant sells the goods, he paid the sales proceeds and bears the duty to return the goods if not sold, and the plaintiff recovered the amount equivalent to KRW 15 million out of the above goods, but only the statement in the document in the document in the document in subparagraph 1, the sales agency contract was concluded between the plaintiff and the defendant.

The plaintiff could not be recognized as having recovered goods equivalent to KRW 15 million, and there is no other evidence to prove otherwise.

Therefore, the defendant's above assertion is without merit.

B. The Plaintiff asserts that the Defendant is liable to compensate the Plaintiff for damages or return of unjust enrichment by deceiving “C that the Defendant would purchase the goods to be sold through the European Branch,” and that the Defendant is liable to compensate the Plaintiff for damages or return of unjust enrichment totaling KRW 71,461,600 ( KRW 17,155,600 on November 2, 2018, KRW 17,346,000 on December 14, 2018, out of the purchase cost of the former Liban bank from November 20, 2018 to September 30, 2018, the difference between the actual purchase cost and the actual purchase cost among the purchase cost of the former Liban bank from September 16, 2018 to September 20, 2018.

According to the evidence evidence evidence Nos. 7 through 11, the plaintiff's purchase cost for the defendant on Nov. 2, 2018, the purchase cost for the defendant on Nov. 17, 2018, the purchase cost for the defendant on Nov. 20, 2018, the plaintiff on Nov. 25, 200, the purchase cost for the 30 million won on Nov. 25, 201, the purchase cost for the 40 million won on Nov. 28, 200, the purchase cost for the 15 million won on Nov. 28, 200