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Reasons
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(영문) 서울동부지방법원 2021.02.03 2020가단125048
부당이득금
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1. The defendant shall pay 130,706,00 won to the plaintiff and 6% per annum from April 9, 2020 to February 3, 2021, and the next day.

Reasons

1. Facts of recognition;

A. On March 7, 2020, the Plaintiff entered into a commodity supply contract with the Defendant with the following content.

(1) The name of the good: KF94 Mak (typely licensed product) contract 2: the unit price of the good for domestic circulation (including 500,000: 2,200 won (including added tax) per head: the contract price of KRW 2,200 (4) per head: KRW 1,100,000 per day (including 1,100,000 won): The advance payment of KRW 170,000 per day: March 9, 2000 (170,000 won) per day: the advance payment of KRW 170,000 per day; and

(f) Date of payment: 20,000 pieces, March 11: 200 thousand pieces, March 12: 10,000 pieces, March 12: special agreement; 100,000 pieces;

1. Where the project owner fails to perform the payment period without prior consent, the full down payment shall be refunded within three days from the date he/she requests it;

B. On March 10, 2019, the Plaintiff remitted to the Defendant the sum of KRW 170,000,000 and KRW 236,00,000,000, in total, and KRW 66,000.

(c)

The defendant from March 12, 2019 to the same year.

4. By September 11, 200, Mak 39,270 (the head of 500) supplied a service.

(d)

The plaintiff did not receive a proper gark supply to the defendant and thus notified the defendant that he would cancel the goods supply contract. The defendant consented thereto and returned KRW 20,000,000 to the plaintiff on April 8, 2020.

[Grounds for recognition] The items in Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The summary of the plaintiff's assertion 1) The defendant has the duty to return to the plaintiff the remainder after deducting the return amount of KRW 20,000,000 from the down payment paid by the plaintiff and KRW 83,226,00,00, and the remainder of KRW 132,774,00.

2) The Plaintiff calculated the last supply of 9,400 won, including surtax 1,980, among the Mack supplied by the Defendant, and the account statement also was issued at KRW 2,200 per head, and should be calculated as KRW 2,200, including surtax 2,200, including surtax 130,706,00.

B. 1) The instant case.

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