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(영문) 수원지방법원 2020.06.10 2017가합11509
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

( agency).

Reasons

1. Basic facts

A. (1) On April 27, 2015, the Plaintiff entered into a sales contract for goods (hereinafter “instant contract”) with the content that the Plaintiff is a person operating the “E” engaging in the business of withdrawing and manufacturing automobile parts, and the Defendant Company is a company engaging in the business of manufacturing and selling the shot flag, and the Defendant D is a person working for the head of the business headquarters of the Defendant Company. (2) On April 27, 2015, the Plaintiff entered into a sales contract for goods (hereinafter “instant contract”) with the Defendant Company for the following goods purchased at KRW 387,200,00 (including value-added tax; hereinafter the same shall apply).

[hereinafter] Machines listed in the Schedule at issue in this case (No. 18,19,20 of the following table)

2) On October 2015, the Plaintiff received the instant machinery from the Defendant Company around 2015, as the Plaintiff received the delivery of the instant machinery from the Defendant Company, around 2015, KRW 387,20,000, KRW 69,300, KRW 64,900 G 67,000,000, KRW 77,000,000 H L 20, KRW 97,000, KRW 77,000,000, KRW 387,200,000, KRW 300.

2) In the above rehabilitation procedure, the Plaintiff reported the claim that was primarily sought in the instant lawsuit as a rehabilitation claim, and the Defendant Company raised an objection to the said claim on the grounds that the lawsuit is pending. 3) Defendant Company obtained the rehabilitation plan approval on August 26, 2019, and the rehabilitation procedure was completed on October 1, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion 1) Although the Defendant Company had a duty to deliver the Plaintiff with normal performance machinery, the Defendant Company destroyed part of the instant machinery in the course of transporting the instant machinery and delivered it to the Plaintiff with serious defects in the main part, such as a hydrotensions. 2) The instant machinery is basically protocol.

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