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(영문) 서울중앙지방법원 2017.09.11 2017가단5005337
부당이득금
Text

1. Defendant C’s KRW 76,755,00 for the Plaintiff and KRW 5% per annum from November 11, 2016 to January 19, 2017.

Reasons

1. Basic facts

A. On October 12, 2016, the Plaintiff agreed that D representing Defendant C, and that the Plaintiff would sell the instant dry field E (hereinafter “the dry field”) cultivated within the dry field in Ansan-si, E (hereinafter “the dry field”).

D, as requested by Defendant C, drafted a sales contract in the name of Defendant B (hereinafter “instant contract”), and agreed to pay KRW 150,000,000 to Defendant B by October 14, 2016, the size and expected yield of the subject matter of the said contract, and the shipment period column.

B. The Plaintiff sold the instant dry field to F prior to the instant agreement, and the Plaintiff was seeking to terminate the sales contract with F because F did not pay the price properly.

The plaintiff argued that D would conclude a sales contract after the termination of F's sales contract with F, and D delivered it to the defendant C.

Nevertheless, Defendant C wanted to conclude the contract, and the Plaintiff and D drafted the instant contract.

C. Upon the transmission of the instant contract, Defendant B deposited KRW 150,000,000 in the Plaintiff’s account on October 12, 2016, and D stated that Defendant C “I wish to wait until the termination of the contract.”

After the deposit of the said money, the Plaintiff requested the Plaintiff to inform D of the account to return the said money, but D did not return the said money on the ground that “if the contract is not settled, it would return the money later.”

Defendant C, using three cargo cars on October 26, 2016, sold 1,656 boxes free of charge from the dry field of this case, and 1,926 boxes free of charge using three cargo cars on October 27, 101.

On October 27, 2016, the price of the free winner was 26,164 won, and the price of October 28, 2010 25,941 won.

E. On October 27, 2016, the Plaintiff’s branch court of the Jeonju District Court for the Eup on October 27, 2016.

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