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(영문) 광주지방법원 해남지원 2018.08.28 2017가단21982

부당이득금

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. 14,791,000 won and its related thereto from July 31, 2018 to August 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 23, 2016, the Plaintiff and the Defendant: (a) concluded a contract with the Plaintiff to sell the scrap 1,400 won per kilogramma, the weight of which per 180g is at least 1,400 won per kilogram among the scrap ma cultivated and harvested by the Defendant in the land of Jeonnam-gun E (hereinafter “instant sales contract”); (b) agreed to keep the scrap ma purchased from the Plaintiff in the Defendant’s low temperature warehouse until the Plaintiff uses it for manufacturing processed food.

B. According to the instant sales contract, the Plaintiff entered the catas purchased from the Defendant from October 23, 2016 to November 12, 2016 into the Defendant’s warehouse.

C. From February 5, 2017 to May 11, 2017, the Plaintiff took out the meat kept in the Defendant’s warehouse and brought them out of Korea. D.

5 ton truck enter 14 marts with 36 container stuffs for the transportation of meat. Thus, 5 ton truck enters 5 ton truck 5 ton 5 ton 5 ton 504 container stuffs for the transportation of meat (= 14 tom x 36 container stuffs).

In addition, the container stuffs for the transportation of the Go-gu horse are entered into 22 km.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1-2, the purport of the whole pleadings

2. Determination as to the portion of the claim for restitution of unjust enrichment in the principal lawsuit and the claim for the payment of the amount unpaid out of the counterclaim

A. 1) The Plaintiff’s assertion 1) based on the Plaintiff’s proof No. 2-1 to 14, based on the Plaintiff’s proof No. 2-1 to 14, it is clear that the Plaintiff’s calculation is 145,508 km in terms of the value calculated by adding all weights as stated in the Plaintiff’s proof No. 2-1 to 14,504 g (sum container No. 6,425) A’s proof No. 2-1 to 14. However, it is obvious that the Plaintiff’s payment to the Defendant is 203,705,60 won (=145,504 g x 1400 won).

However, as we know later, Gap No. 2 was 1.