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(영문) 부산지방법원 2018.09.20 2017가단26726
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 51,819,631 to the Plaintiff (Counterclaim Defendant) and its payment from August 4, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 1 to 12 (including paper numbers) as to the claims filed by the Plaintiff, the Plaintiff may recognize the fact that the Plaintiff supplied the Defendant Company with a total of KRW 333,048,199, as shown in the attached Table, from November 30, 2016 to January 31, 2017. The Plaintiff supplied the Defendant Company with a total of KRW 33,048,199, and the same year from January 5, 2017 to the same year.

6. up to 15. A person has received a total of KRW 281,228,568 as shown in the annexed sheet.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff 51,819,631 won (33,048,199 won-281,228,568 won) and damages for delay calculated at the rate of 15% per annum from August 4, 2017 to the day of full payment following the service of the original copy of the payment order sought by the plaintiff.

(1) The plaintiff asserted that the plaintiff's claim was not specified, but the plaintiff's claim was not paid out of the total amount supplied as above, and it is clear that the plaintiff's claim was filed on February 2, 200

A. Defendant 1) agreed to supply the Defendant Company 2,00 won, or KRW 3,00,000, in return for profit at low time. However, the Plaintiff, despite the continuous decline of the Gohap unit price purchased from the Defendant Company by each time, did not notify the Defendant Company of such fact and received unjust enrichment of KRW 9,150,000, in the supply of the previous Gohap unit price to the Defendant Company, and thus, the Plaintiff is obligated to return it to the Defendant Company. (2) Although the Plaintiff agreed to supply the Gohap unit price to the Defendant Company, the Plaintiff supplied the Gohap, not the Gohap, to the Defendant Company, and thus, the Plaintiff is obligated to return 5,170,000 as unjust enrichment.

B. First of all, the Plaintiff is only 2,000 won per sheet or 3,000 won per sheet, as alleged by the Defendant.

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