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(영문) 인천지방법원부천지원 2020.07.09 2019가단107069

부당이득금

Text

The defendant shall pay 50,000 won to the plaintiff and shall be 5% per annum from July 14, 2019 to October 24, 2019 and from the next day.

Reasons

Facts of recognition

A. On July 10, 2019, the Plaintiff entered into a contract for forest processing (hereinafter “instant plant processing contract”) with the Defendant to commission the Defendant and the luculing materials to combine with the luculing materials in the luculing field. The luculing materials are to use the luculing materials with the luculing materials, making samples and testing them.

B. The Defendant explained that it should purchase 200 kg of actual container resin for the manufacture of samples, and on July 14, 2019, the Plaintiff paid 550,000 won for the purchase of actual container resin to the Defendant.

C. In addition, the Plaintiff delivered 8 breadogs as indicated in the separate sheet (hereinafter collectively referred to as the “breadog of this case”) to the Defendant so that the Defendant can perform the work of mixing the lucing materials with the lucing materials of the lucing bridge.

Since then, the defendant made sampling fees for about 50 days, but it was difficult for the defendant to properly proceed with the test due to the lack of quantity, and in fact, the co-rating test was conducted by the co-rating company, but the result was poor.

In addition, despite the plaintiff's inquiry, it was not confirmed that the defendant purchased the actual container resin 200 km manufactured by C.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's evidence Nos. 1 through 10, and the purport of whole pleading

2. According to the facts of the above recognition, the defendant is obligated to purchase the actual containers resin manufactured in C according to the instant contract for the forest processing of this case, make sampling fees, and make them through the test process, and perform the work of mixing the cultural materials in the lusium in the lusium lusium.

Nevertheless, the defendant did not clarify whether or not he purchased raw materials according to the agreement because he failed to perform such contractual obligations properly, and it did not reach the completion of the work mixing the cting materials of the breath in the bridge. The plaintiff on the ground of such non-performance of obligation by the defendant.