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(영문) 전주지방법원 2017.09.20 2016나4252
매매대금 등
Text

1. The judgment of the first instance, including the primary claim that the plaintiff A changed in this Court and the additional preliminary claim.

Reasons

1. Determination as to Plaintiff A’s claim

A. On October 2014, the Defendant entered into a contract with D, a Chinese farmer, to purchase the Chinese Pungsa (hereinafter referred to as the “instant contract”) at USD 870 per ton of the Chinese Pungsa (excluding the part of the contracting parties, and entered into a contract with D to purchase the Chinese Pungsa (hereinafter referred to as the “instant contract”). In addition, around October 2014, the Defendant entrusted Plaintiff A and A with the management of the business of sending the Pungsa (hereinafter referred to as the “instant contract”). In addition, the Defendant agreed to pay the remuneration of USD 30 per ton of the Pungsa (on) imported from Korea (hereinafter referred to as the “instant delegation contract”).

B) The Plaintiff A filed a claim for remuneration under the instant delegation contract from October 2014 to November 5, 2014, pursuant to the said agreement, to which the Defendant imported 102 tons from D from D. Accordingly, the Defendant is obligated to pay the Plaintiff A’s 3,060 tons (i.e., 102 tons x 30/metric) and damages for delay thereof (i.e., 102 tons x 30/metric) with the remuneration under the instant delegation contract. Moreover, the Defendant received 102 tons from D and paid 8,740 tons (i.e., 102 tons x 870/metric) with the relevant payment. Of them, Plaintiff A did not pay 69,006 US dollars and paid 19,734 US dollars to Defendant D on November 5, 2014.

Therefore, the defendant gains the profit from which the obligation to pay for the goods equivalent to D 125,000 bills was extinguished without any legal cause. Thus, the defendant is obligated to pay the plaintiff A the above 125,00 bills and damages for delay due to the return of unjust enrichment.

2. The instant sales contract between the Plaintiff A and the Defendant for the ancillary claim was concluded.

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