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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of premise;
A. The Plaintiff, who operated C, a clothing supplier, requested LA to supply the clothing to the Defendant, who operated the clothing processing company, processed the clothing, and ordered E, who operated D, to supply the original body to the Defendant.
B. E filed a lawsuit seeking payment of KRW 208,873,413, which was supplied to the Plaintiff around April 201 to May 201, 201, against the Plaintiff by this Court 2013Gahap2386 (hereinafter “Separate Litigation”) and received a favorable judgment.
C. At the time of the above separate lawsuit, E submitted as evidence the statement of trading that was supplied to the Defendant at the time of the above separate lawsuit as KRW 139,317,209, and E submitted as evidence the statement of trading. The Defendant’s signature is the statement of trading issued by E to the Defendant.
On the other hand, the plaintiff's statement of accounts for shipment prepared by the defendant after the defendant's completion of the process is written as 28,700 total amount of seven items of order, 29,319 items of delivery quantity (the amount exceeding the order quantity by each item), 43,038,400 items of discretionary processing cost (the calculation of the standard amount of delivery quantity).
[Ground of recognition] Facts without dispute, Gap 1, 2, 7 evidence (including more than one number), Eul 2, the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that since the defendant arbitrarily disposed of the original part of KRW 91,087,09, which was not used in the processing of clothing, without returning it to the plaintiff, the amount equivalent to the above amount should be compensated or returned in unjust enrichment.
For this reason, the defendant delivered part of the original unit upon the plaintiff's direction to another pregnant processing company, and applied the final set of the original unit assigned to the defendant to the defendant for the treatment of all of the discretionary processing units (class 28,700) ordered to the defendant, so the defendant cannot respond to the plaintiff's request.
B. The following circumstances, which can be seen by comprehensively taking account of the premise facts, witness E’s testimony and the overall purport of the arguments, are prepared by the Plaintiff and processed the statement of transfer settlement to the Defendant.