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(영문) 대전지방법원공주지원 2020.12.09 2019가합20142

부당이득금

Text

Defendant C shall pay to the Plaintiff KRW 517,693,953 as well as KRW 121,901,553 as well as KRW 234,792,40 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the party is that the Plaintiff is a corporation whose business purpose is agricultural production guidance business, purchase business, sales business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant B”), and Defendant C is a person registered as the Plaintiff’s manager from March 2010 to work as a regular manager.

B. After the dispute between the Defendant C and the D Association (hereinafter “D Association”), the Plaintiff agreed to purchase rice on credit from the D Association and then sell rice at a later payment method. On December 30, 2016 and January 5, 2017, Defendant C ordered the D Association to supply rice equivalent to KRW 118,984,000 to B’s business partners while ordering rice.

D Partnership filed a lawsuit against the plaintiff who did not pay rice price B, and on July 18, 2017, the court rendered a judgment that "the plaintiff shall pay to the D Association 118,984,000 won with 5% per annum from March 4, 2017 to July 18, 2017, and 15% per annum from the next day to the day of full payment."

(Cheongju District Court 2017Kadan101416). On August 1, 2017, the Plaintiff paid the principal and interest of KRW 121,901,553 according to the above judgment to D Association. The above judgment became final and conclusive on November 22, 2018.

C. 1) In-house directors F of Defendant B, an agricultural company E (hereinafter “E”) aimed at selling agricultural products around November 10, 2016, around November 10, 2016.

(2) On November 14, 2016, E and Defendant B proposed that the amount of KRW 460 million will be supplied to 23,000 per package with a lower price than the market price. Accordingly, the Plaintiff prepared a certificate of custody and expressed that E had an intention to respond to the prior payment transaction at the face of the Plaintiff, and F prepared a document stating the title “written confirmation of grain storage” from Defendant C, and delivered it to E. (2) and Defendant B around November 14, 2016, E and Defendant B paid KRW 460,000 as the name of the prior payment of KRW 10,000 for E in advance. < Amended by Presidential Decree No. 27579, Oct. 200>