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(영문) 부산지방법원 2019.01.17 2017가단327979
부당이득금
Text

1. The Defendant: (a) KRW 8,380,500 for the Plaintiff and 5% per annum from April 1, 2017 to January 17, 2019; and (b) from the following day.

Reasons

1. Basic facts

A. On January 6, 2016, the Plaintiff purchased 25 million won from the Defendant’s 4th floor of the Busan-gu Office building C in Busan-gu, Busan-gu, with a special agreement, the Plaintiff paid 1.3 million won (no dispute over 1.3 million won of the written agreement) to the Defendant every 12 times from March 11, 2016 to February 11, 2017, and the Defendant agreed to cooperate with the Plaintiff so that the Plaintiff may continue to maintain the management of the transaction partner by having worked in the fireworks house operated by the Plaintiff as unpaid remuneration for up to two months after the next two months.

(hereinafter “instant agreement”). (b)

On January 6, 2016, the Plaintiff paid the purchase price to the Defendant.

C. In accordance with the terms and conditions of the instant agreement, the Defendant received an order for delivery of fireworks from the customer until March 2017, and notified the Plaintiff of the details of the order, and received the fireworks payment from the customer as the Defendant’s account. After preparing a statement of payment on a monthly basis and remitting the remainder after deducting the amount to be paid to the Plaintiff from the fireworks payment to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1 and 4 evidence, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant is obligated to pay the remainder of KRW 15,245,00, excluding the amount of KRW 16,030,000 that the Defendant could reasonably deduct from the fireworks price of KRW 39,352,50 that the Plaintiff delivered to the Plaintiff, and the amount of KRW 8,07,50,000, which the Defendant had already paid to the Plaintiff.

B. The Defendant agreed to pay the Defendant KRW 1,300,000 per 12 months each month to the Defendant, in return for the fact that the Defendant worked in the fireworks operated by the Plaintiff as a fee free of charge for two months, and both the business parties are transferred to the Plaintiff.

However, even if the defendant did not comply with such agreement, 1.3 million won per month must be deducted from the fireworks price to be returned to the plaintiff, and 1.3 million won per month shall be paid by the plaintiff in cash.

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