부당이득금
1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 49,978,116 and its amount from January 4, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendants, both married and married, have cultivated, harvested, and sold saves in the orchard located in Gyeong-gun, Gyeong-gun.
B. From August to September of each year from 2013 to September 2016, the Plaintiff decided to purchase from the Defendants en bloc a string that they grow in the said orchard by specifying the price according to the expected yield prior to the harvest season. Accordingly, the Defendants cultivated the string up to the harvest season and transferred it to the Plaintiff at the harvest season each year.
C. On September 5, 2016, the Plaintiff’s contract for the short-term purchase of the amount of KRW 80 million for the purchase price ( KRW 15 million for the contract amount, KRW 40 million for the intermediate payment, and KRW 25 million for the remainder) was concluded on September 5, 2016. The Plaintiff completed the payment to Defendant B of the down payment of KRW 15 million for the contract date, KRW 40 million for the intermediate payment on October 18, 2016, KRW 40 million for the intermediate payment on October 19, 2016, and KRW 25 million for the remainder on October 19, 2016.
그런데 위와 같이 원고가 피고들로부터 매수한 2016년분 단감에 2016년 11월경 동상해(凍霜害)가 발생하여 원고가 단감 수확물을 인도받지 못하게 되었다.
Meanwhile, according to the agricultural product disaster insurance purchased by Defendant C as a policyholder, the Defendants received from E Co., Ltd., on December 19, 2016, the insurance money 49,978,111 (hereinafter “the insurance money of this case”) out of the Plaintiff’s purchase from the Defendants as an insured accident for the 2016 fractional reduction.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings
2. The subject of claim and the subject of judgment are rights recognized as an interpretation separate from the creditor's right to claim compensation for compensatory damages and the right to cancel the contract as an effect of impossibility of performance (see Supreme Court Decision 92Da4581, May 12, 1992). When the seller's obligation to deliver the subject of sale becomes impossible, the seller shall be paid insurance money and mutual-aid money to be paid by the seller as an accident.