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(영문) 의정부지방법원 2015.09.09 2015가단6616
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Since 10 years ago, the Clean System Co., Ltd. supplied Sari and feed to many farmers, and the chickens raised before and after 30 days has been shipped from the farmers and paid fees for raising and managing them to the farmers as bills. Most farmers requested the Clean System Co., Ltd. to pay cash to the Clean System Co., Ltd., and made it difficult for employees of Clean System Co., Ltd to pay the money in cash to the third party.

B. On October 1, 2013, the clean meat farming association and the clean meat farming association supplied the entrusted breeding farmer with pathology, feed, etc. required for raising, and paid commission fees after completing the shipment of the meat. The entrusted breeding farm concluded a contract for breeding the cattle with the purport of faithfully performing its duties and responsibilities as a breeding farmer under the urgent conditions that the clean meat farming association and the clean meat farming association provided all necessary facilities for raising and supplying the meat.

C. On September 3, 2014, the Clean System Co., Ltd. issued and delivered to the Plaintiff an issuer’s clean system, face value 29,904,000 won, and the due date of November 27, 2014 (hereinafter “instant bill”). On September 5, 2014, the Plaintiff remitted KRW 26,973,00 to the Defendant’s account, and the deposited interest was deposited to the Plaintiff as the “In-House of the Bank of Korea.”

The Promissory Notes was rejected on November 27, 2014 on the grounds of non-transaction.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 2, 3, 4, 5, 6, 9 (including branch numbers), Eul evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion clean-up corporation is a bill of exchange to the Defendant, and the Defendant demanded the Defendant to discount electronic bills against the clean-up corporation to pay the discounted amount to the Defendant. In order to guarantee the payment of the raising cost to the Defendant.

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