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(영문) 대전지방법원천안지원 2016.04.22 2015가합1126
부당이득금반환
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 10,00,000, and the amount of KRW 10,000 from October 22, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates a waste treatment plant in ASEAN, and the Defendant operates the “E” in ASEAN.

B. From February 2014 to March 2015, the Plaintiff calculated approximately 80 tons of scrap metals produced by separating waste glass, etc. from the Plaintiff’s factory (42%) at kg, and sold KRW 24 million to the Defendant at KRW 24 million.

(hereinafter “instant scrap metal sales contract”). C.

After the instant sales contract, the Plaintiff asserted that the purchase price of the scrap metal was too low compared to the market price, and that the Defendant returned unjust enrichment equivalent to the difference between the market price and the purchase price. On May 15, 2015, the Defendant: (a) attached to the confirmation letter stating, “I see that I would have obtained unjust benefits from the goods that were traded from 2014 to 20% between the above parties; and (b) affixed signature and seal to pay 20% of the damage amount, and then delivered it to F’s husband G.

Meanwhile, in the form of the written confirmation of the above paragraph (c), G prepared a letter of commitment stating “The Defendant shall deposit gold thousands (50,000,000 won) with the following account with respect to the unjust enrichment of goods traded from 2014 between the above parties, and shall not be held liable for civil and criminal liability against the above Defendant” (hereinafter “instant letter of commitment”), and issued it to the Defendant.

E. After receipt of the instant letter of undertaking, the Defendant issued the Plaintiff a cashier’s checks of KRW 50 million (CF).

F. On September 22, 2014, the Defendant lent KRW 10 million to the Plaintiff.

【Uncontentious facts, Gap’s evidence 1, 3, Eul’s evidence 1, 2, and 4, the purport of the whole pleadings

2. Determination on the principal lawsuit and counterclaim claim

A. 1) Summary of the Plaintiff’s assertion that the cause of the Plaintiff’s principal claim is alleged, 42% of the market price of the scrap metal sold by the Plaintiff to the Defendant at the time of the instant scrap metal sales contract.

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