부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 4, 2009, the Defendant entered into a sales contract with the Korea Electric Power Corporation for defective products to be dismantled, and delegated the intermediate waste disposal business to B Co., Ltd. (hereinafter “B”).
B. B entered into a contract with C (hereinafter “C”) on September 2, 2009, under which the Defendant’s by-products, such as rinium and glass, arising from the process of dismantling and treating pulmonary voltages, were sold to C (hereinafter “instant goods supply contract”).
Accordingly, C traded with B in the way of deducting the amount from the advance payment, first of all, in the case of the supply of by-products later.
C. After January 5, 201, C transferred to the Plaintiff the remainder of the deposit return claim against C in advance.
B At the same time, on January 18, 2011, B entered into an agreement between the Plaintiff and the Plaintiff on the repayment of the remainder of the obligation to return the advance payment (1,39,399,99,930 won (1,560,000 won in advance received - 100,000,000 won in advance - 3,060,60,070 won in the face value of the winter) with respect to the payment of the remainder of the obligation to return the advance payment. From January 20, 2011 to September 3, 2011, B entered into an agreement including the content that “if the balance occurs after the payment of the said advance payment is made in cash.”
The Plaintiff filed a lawsuit against B, as Seoul Central District Court 2012Ga73061, claiming KRW 1,399,99,930 in advance and KRW 650,000 in advance for factory takeover. The Plaintiff primarily asserted that the actual party to the goods supply contract of this case was the Defendant, and that the Defendant was the Defendant’s employee D and E did not have any authority to represent the Defendant, and filed a lawsuit claiming employer liability and office management or return of unjust enrichment by deceiving the Plaintiff, and claiming for the payment of the goods of this case and the acquisition of the factory acquisition price. The claim against B on July 18, 2014 is accepted, and the Defendant was also the Defendant.