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(영문) 창원지방법원 2015.09.02 2014가합34577

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the automobile parts manufacturing business, etc., and Defendant C is a person engaged in the automobile parts processing business under the trade name of Defendant C, from September 201 to December 201, 201, with a subcontract for automobile parts processed and supplied by the Plaintiff, and received KRW 200 per unit processing cost.

B. Defendant B, as Defendant C’s children on January 2, 2012, registered the Plaintiff’s proposal with the trade name “F in the Plaintiff’s factory located in Gyeongnam-gun,” and started to engage in the automobile parts processing business. From January 2, 2012 to June 2013, Defendant B, who was ordered by the Plaintiff, had the automobile parts processed and supplied. The processing cost of the supplied parts was determined as Defendant C.

C. On April 1, 2012, the Plaintiff entered into a contract with Defendant B for the transaction of automobile parts or their accessories. The main contents of the instant case are as follows.

Article 6 (Payment of Urgency) (1) The existence or absence of a Urgency, the name, quantity, date of provision or place of payment, method and date of payment of the price, etc. shall be determined through mutual consultation

(2) When the defendant B received a private salary from the plaintiff, it shall conduct an inspection promptly, and shall notify the plaintiff of the quality of such salary, if any, and shall process it through mutual consultation.

The same shall apply to cases of receiving directly from a supplier determined by the Plaintiff.

3) Defendant B received private scrap without compensation means metal scrap or waste of products generated from the manufacture of materials, scoops and metal products remaining after such receipt.

The plaintiff's request for treatment, etc. shall be followed, and if expenses are incurred, measures shall be taken in consultation with the plaintiff.

Article 7 (Ownership of Urgency) Ownership of Urgency shall be owned by the plaintiff.

However, in the case of a private wage paid by the plaintiff, the defendant B is the defendant B when the defendant B fully pays the price.