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(영문) 대구지방법원 2015.07.01 2014나21524
부당이득금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. From 2007, the Plaintiff agreed to cultivate ginseng to be supplied to the Korea Ginseng Corporation (hereinafter “Korea Ginseng Corporation”) in the name of the Defendant, in the name of the Defendant, from Da, E, F, G, H, and I of the Republic of Korea, and the Defendant agreed to receive ginseng payment from the Korea Ginseng Corporation and deliver it to the Plaintiff.

B. The Defendant received from the Korea Ginseng Corporation KRW 15,53,375 on November 1, 201, and KRW 18,060,357 on the 17th of the same month, and KRW 3,558,00 on December 29, 201, in total, KRW 177,171,732 on the ginseng purchase price.

C. Afterwards, the Plaintiff and the Defendant agreed to deduct the credit amount of KRW 1,755,00 (including the cost of manufacturing red ginseng amount) from the ginseng price to be delivered by the Defendant to the Plaintiff, KRW 5,450,00, and KRW 6,500,00 (including KRW 1,00,000,000 that the Defendant remitted to the Plaintiff’s wife’s account on October 28, 201).

At the Plaintiff’s request, the Defendant remitted KRW 60,000,000 out of the above ginseng price to the Plaintiff’s account at his/her husband-Nam-Nam-Nam-Nam ( KRW 30,000,000,000 on November 9, 201, and KRW 30,000,000 on December 15, 201).

E. In addition, on March 15, 2013, the Plaintiff and the Defendant agreed to repay on behalf of the Plaintiff’s creditors KRW 72 million.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, evidence 3-1 to 4, evidence 1, 2, 5-3, 7-1, 2-2, testimony of witness C of the first instance trial, the purport of whole pleadings

2. According to the determination on the cause of the claim, according to the above facts, since the ginseng price that the plaintiff is obligated to receive from the defendant is KRW 38,734,386 as of March 15, 2013, as stated in the attached Table of Claim Satisfaction statement, and as of March 15, 2013, the defendant's defense against the plaintiff as to the existence or scope of the obligation of the defendant from March 15, 2013 to November 12, 2014, which is the date of the first instance judgment, as of November 12, 2014, 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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