물품대금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant shall be a company engaged in the export and import business.
B. On January 12, 2015, the Plaintiff deposited KRW 90 million into the Defendant’s account.
[Ground of recognition] Unsatisfy, Gap evidence 1
2. The parties' assertion
A. The plaintiff alleged as to the primary claim of the plaintiff (1) entered into a contract with the defendant to purchase goods that can be exported to China on behalf of the plaintiff, and the defendant paid KRW 90 million to the defendant according to the above contract, but the defendant did not purchase the goods requested by the plaintiff.
Therefore, the Defendant shall compensate the Plaintiff for the above KRW 90 million, which is the damage caused by the Plaintiff’s nonperformance of contractual obligations, or (2) return KRW 90 million, which the Plaintiff received due to the Plaintiff’s rescission of the above contract due to the Plaintiff’s nonperformance of contractual obligations.
(2) The Plaintiff alleged in the conjunctive claim presumed that the Defendant would purchase the goods on behalf of the Plaintiff, and deposited the purchase price for the goods to the Defendant. However, the Plaintiff and the Defendant did not agree to pay the purchase price for the goods. As such, the Defendant should return the price KRW 90 million paid without any cause to the Plaintiff as unjust enrichment.
B. The Defendant did not have a transaction or contract relationship with the Plaintiff, and the Defendant was offered the export business of Korean products from the representative B of the Co., Ltd. (hereinafter “A”) to China and traded them. Accordingly, A’s representative B was entitled to KRW 139,932,260 of the purchase price of the goods for export. However, B paid KRW 90 million out of the purchase price of the goods through the Plaintiff on January 12, 2015, and thus, the said amount does not constitute unjust enrichment.
3. Determination
A. The plaintiff paid the purchase price to determine the primary claim. The defendant.