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(영문) 수원지방법원안산지원 2017.10.31 2016가단12502

부당이득금반환

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

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 2-1 and 2.

On June 2008, the Samo Environmental Industry (hereinafter referred to as the "Teo Environment") entered into a contract to supply scrap metal to Sejong Resources Co., Ltd. and received gold KRW 50 million on June 13, 2008 as advance payment from Sejong Resources Co., Ltd. and KRW 200 million on August 20, 2009, respectively.

B. The Samo environment paid to Defendant B the sum of KRW 20 million on August 20, 2009, and KRW 10 million on August 25, 2009, and KRW 30 million on August 25, 2009, and paid to Defendant C the sum of KRW 30 million on August 20, 2009.

C. On January 5, 2010, Sameo Environment entered into a contract with the Plaintiff on the transfer of “the claim amounting to KRW 30 million, each of which was returned due to the Defendants’ failure to comply with the contract, even though Sameo Environment would be provided with recycled products and paid KRW 30 million to the Defendants.”

2. The plaintiff's assertion and judgment as to the plaintiff

A. The main point of the Plaintiff’s assertion concluded a contract with the Defendants to supply scrap metal to be supplied to Sejong Resources Co., Ltd., and paid 30 million won for each of the Defendants as seen in the above basic facts.

However, the Defendants did not supply recyclables, such as scrap metal, to the bio-environment, and thus, the bio-environment transferred to the Plaintiff each claim for return of KRW 30 million, which the Defendants had against the Defendants.

Therefore, the Defendants are liable to pay to the Plaintiff each amount of KRW 30 million and damages for delay.

B. Although there is no dispute between the parties as to the fact that the Sami Environment paid 30 million won to the Defendants respectively, it is recognized that the Sami Environment concluded a contract to sell recyclables with the Defendants and paid the above money accordingly, as alleged by the Plaintiff, as alleged by the Plaintiff, by itself on the evidence Nos. 2-1 and 2-2.