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(영문) 춘천지방법원원주지원 2020.05.08 2019가단1427
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, which caused the Plaintiff’s claim, agreed from July 2014 to October 2016, that the Plaintiff would have the Plaintiff bear the remainder of KRW 5,00,000 from the price when he/she harvests farmland from around 1,50 to around 2016.

Although the Defendant unilaterally harvested, sold, and received the sales proceeds of KRW 45,00,000,000, the Defendant did not deliver the proceeds to the Plaintiff. As such, the Defendant sought the return of KRW 40,000,000, which was calculated by subtracting KRW 5,000,000, which the Plaintiff agreed to pay to the Defendant from the sales proceeds, is unjust enrichment.

2. In full view of the purport of the entire arguments in evidence Nos. 1 and 1, it is recognized that the Plaintiff and the Defendant agreed to provide the Defendant with KRW 5,00,000 out of the price when the Plaintiff sold any paint harvested from Dorain's farm products on the land owned by the Defendant, and that the Plaintiff had the remainder of the price.

However, in full view of all the evidence and records mentioned above, the above land harvested, sold, and the sales proceeds were generated to a certain extent.

In addition, it is not sufficient to recognize that the price reaches KRW 45,00,000, and there is no other evidence to acknowledge it.

The plaintiff's assertion cannot be accepted.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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