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(영문) 의정부지방법원 2018.07.17 2017가단110021
부당이득금
Text

1. The Defendant’s KRW 98,500,000 for the Plaintiff and 5% per annum from October 21, 2017 to July 17, 2018.

Reasons

1.In fact, the following arrangements shall be made between the defendant and the plaintiff with respect to the production and sale of minerals and mine by-products in the Gelan Mining in Gangwon-do Iron-gun E:

1. The defendant produces minerals and mine by-products, and the plaintiff processes and sells by-products supplied by the defendant as landscaping stone and other products.

2. The matters necessary for processing and operation, including equipment necessary for processing by-products produced by the Defendant, shall be the primary high-priced liability, and shall enter into contracts as follows:

Total amount: KRW 100 million shall be paid to the defendant by June 19, 2012.

The first intermediate payment: 45 million won shall be paid by June 30, 2012.

Any balance: 50 million won shall be paid by July 15, 2012.

3.As above, prepare two copies of the agreement as above, and keep one-minutes of each contract. (a)

On April 25, 2012, the Defendant (the Defendant’s trade name was “C Co., Ltd.,” and as of February 15, 2013, changed to “Co., Ltd. B” as of February 15, 2012) entered into the following agreements with the Plaintiff as to the instant mine on April 25, 2012.

(hereinafter “instant agreement”). B.

After the instant agreement, the Plaintiff paid the Defendant KRW 98,50,000 to KRW 5 million on June 18, 2012, KRW 30 million on June 29, 2012, KRW 15 million on July 6, 2012, KRW 200,000 on July 18, 2012, KRW 25 million on July 18, 2012, and KRW 23.5 million on September 20, 2012.

(hereinafter referred to as “instant contract amount”) KRW 98.5 million C.

The Plaintiff supplied minerals, etc. of the instant mine from the Defendant several times, and each time settled the amount to the Defendant separately or by offsetting the claim against the Defendant.

The defendant closed his business on March 31, 2015, and the mine in this case.

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