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(영문) 부산지방법원 2019.07.12 2018나57902
부당이득금반환 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff Company A and B (hereinafter “Co., Ltd.”) are companies engaged in each large retail store business, etc., and the Plaintiff Co., Ltd is a person who runs each retail business with the trade name of “Fmatet” in Busan Dongdong-gu, Busan and the trade name of “Fmatet”, “Fma EMG G buildings in Busan and H”.

The defendant is a person who runs the wholesale business of agricultural products in the name of "I".

B. From 2013 to 2018, the Plaintiffs were supplied with agricultural products by the Defendant. From November 2016 to 12, and around June 7, 2017, the Plaintiffs’ respective agricultural products supplied by the Defendant, the details of the Plaintiffs’ payment of goods, and the excessive payment of goods by each Plaintiff are as follows:

(1) The value of the agricultural products supplied to the Plaintiff on the 1st day of 2016.3 (hereinafter referred to as “instant table”) and the amount paid on the 30.5th day of 2016.3, the value of the goods and the amount paid on the 5th day of 2016.3, the amount paid on the 1st day of 205th day of 201, the amount paid on the 5th day of 5th day of 201, the amount paid on the 5th day of 17th day of 2016, the amount of 5th day of 205th day of 20, the amount of 106th day of 7th day of 205th day of 20, the amount of 106th day of 5th day of 205th day of 20, the amount of 106th day of 7th day of 30,607, 007.

2. The parties' assertion

A. The Plaintiffs, upon receiving agricultural products from the Defendant, have paid the price for goods for agricultural products supplied in ordinary times every month, and each of the Plaintiffs around December 17, 2016 and July 22, 2017.

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