부당이득금
1. The Defendant’s KRW 200,000,000 as well as its annual 6% from July 21, 2018 to April 9, 2019 to the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that runs the wholesale and retail business of medical appliances. The Defendant, on May 8, 2018, served as the representative director from May 8, 2018 to October 1, 2018 from Co., Ltd. (hereinafter “C”) established on May 8, 2018 for the purpose of manufacturing, distributing, exporting, and importing medical appliances and appliances (hereinafter “C”), to which D was changed to March 25, 2019, and E is the internal director of C.
B. On April 23, 2018, the Plaintiff remitted KRW 200 million to E, and E transferred the above KRW 200 million to the Defendant on the following day.
C. On July 18, 2018, C entered into a regional total sales contract with FF and blood store inspectors.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 10 evidence, entry of Eul 1 to 5 evidence (including each number; hereinafter the same shall apply), witness E and G testimony, purport of whole pleadings
2. The assertion and judgment
A. (1) On April 23, 2018, the Plaintiff entered into a regional total sales contract with C and blood store inspectors (hereinafter “instant regional total sales contract”) and remitted KRW 200 million to E as contract deposit, but did not enter into the instant regional total sales contract.
Even if the local sales contract of this case was established, since the contract did not reach or terminated, the defendant shall return the amount of KRW 200 million to the plaintiff as unjust enrichment.
(2) The Defendant received KRW 200 million from the Plaintiff as premium for a regional total sales contract, and thereafter, the Plaintiff clearly expressed his intent to refuse performance, which set off against the claim for damages arising from the refusal of performance.
(b)in order to establish a judgment contract, it is required that there exists a mutual agreement between the parties, and such mutual agreement is not necessary with respect to all matters that constitute the content of the contract in question, but there is a specific agreement with or at least a specific future with respect to the essential or important matters.