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(영문) 수원지방법원 2015.02.05 2014나15221
부당이득금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a specialized credit financial business entity, and the Defendant is a person operating a special design manufacturer who manufactures and installs special devices (hereinafter “special design”) on various trucks in the name of “C”.

B. On April 4, 2012, the Defendant signed and sealed a letter of special manufacture-related undertaking (hereinafter “instant undertaking”) with the following content and delivered it to the Plaintiff along with the Defendant’s certificate of personal seal impression. The instant undertaking written at the time is both the producer, the obligor, and the cost of production, and the use of the said certificate of personal seal impression is indicated as “BS Capital”.

The letter of undertaking (hereinafter referred to as the "producer") related to the production of the special design (hereinafter referred to as the "special design") shall, at the request of the buyer (hereinafter referred to as the "debtor"), undertake to pay in advance the amount of the production cost of a special device (hereinafter referred to as the "special design") which is manufactured at the request of the buyer, as follows:

- - Future - The producer of Section 1 (Notice of Results of Special Production) will immediately notify you of the completion of the production of the special course and take measures to ensure that you will deliver the tax invoice to you to ensure that the normal accounting is conducted.

Article 2 (Duty to Return Proceeds in the event of Non-production of Special Design) ① The producer undertakes to immediately return the above total amount of the cost of manufacture at the time of cancellation or cancellation of the special site between the debtor and the manufacturer at the time of cancellation or cancellation of the special site. If, even during the process of production, the producer undertakes to meet all the costs invested by the manufacturer at the time of cancellation of the contract, and to avoid any claim, such as a claim for the cost of payment, even during the process of the manufacture.

2. A special manufacture contract even if one month has elapsed since the date on which the above manufacturing price was received by a producer from him/her, shall be concluded.

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