부당이득금반환
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. The Plaintiff is a company with the purpose of manufacturing and selling tools.
Defendant A is a person who imports and sells the bending of “D” company name, and Defendant B is a person who imports and sells the bending of “F” company name.
B. On May 2015, the Busan Urban Railroad Corporation published a tender announcement (60 days from the date of the contract) regarding the services that purchase and supply Class 7 and Category DVing 2 (hereinafter referred to as “the sum of these services”) necessary for the maintenance and repair of the 4-line Busan Urban Railroad, and the Plaintiff was selected as the successful bidder on May 26, 2015. < Amended by Presidential Decree No. 26389, May 26, 2015>
C. Around May 29, 2015, the Plaintiff received a written estimate (Evidence A2; hereinafter “instant estimate”) from Defendant B, stating the estimated price of the instant bending in KRW 36,852,00 (excluding value-added tax).
On July 6, 2015, the Plaintiff paid 10,000,000 won a down payment to Defendant B and intended to purchase the instant beeing. However, Defendant B, upon returning the down payment on July 8, 2015, stated that the Fbeeing 7 had already been sold to Defendant A, and that the instant beeing 9 should be purchased from Defendant A, including this, because the Plaintiff had already been sold to Defendant A.
E. Accordingly, from July 8, 2015 to July 24, 2015, the Plaintiff paid Defendant A totaling KRW 39,600,000 (including value-added tax, value-added tax, and value-added tax, KRW 36,00,000 when excluding value-added tax) and purchased the relevant bending.
[Ground of recognition] Facts without dispute, Gap evidence 2, 6 evidence, Eul evidence 1 and 7 (including a lot number application; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the parties' assertion 1) The plaintiff's estimated price of the bending of this case, which was obtained from Dong-siing Co., Ltd., 21,740,000 won (value added tax; hereinafter the same shall apply)
In light of the above, the defendants sold the Vietnam price of this case to 36,00,000 won by inserting the defendant A in the middle.