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(영문) 서울중앙지방법원 2013.10.02 2013가단5005216
부당이득금
Text

1. The Defendant’s KRW 20,858,852 as well as 5% per annum from August 1, 2012 to January 30, 2013 to the Plaintiff.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or may be acknowledged in light of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence Nos. 1 and 2.

The defendant is a company engaged in the manufacture and sale of dairy products.

On September 1, 201, the Plaintiff entered into an agency contract (hereinafter “instant agency contract”) with the Defendant to receive products from the Defendant and sell them to the retail store B at Young-si.

B. According to the instant agency contract, the Plaintiff is obliged to keep KRW 5,00,000 as cash deposit in order to lend air conditioners, transportation equipment, etc. from the Defendant, and to manage the equipment when operating the agency.

C. From July 11, 2012 to July 30, 2012, the Defendant supplied the Plaintiff with products worth KRW 12,858,852, higher than KRW 6,484,209, which the Plaintiff ordered, and suffered damages that the Plaintiff would not sell the above excessive products and most of them would have to be discarded.

On July 31, 2012, the Plaintiff transferred the instant agency to a third party and handed over the lending equipment.

During the period of the Plaintiff’s agency operation, the Defendant claimed more than 3,000,000 won and received the payment.

2. Determination:

A. According to the above facts, as to the cash deposit and the part of the goods price in excess (i.e., the instant agency contract was terminated, the Defendant is obligated to refund to the Plaintiff KRW 5,000,000 for cash deposit and KRW 3,000,000 for the goods price in excess.

Luxembourg Defendant asserts that the Plaintiff is obligated to pay cash deposit only after confirming the volume of rental equipment to his successor.

In light of the overall purport of the evidence presented above, the defendant has to manage the products in the form of installing cooling equipment, transportation equipment, etc. at the local retail store for the sale of the products and leasing them to the agent.

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