(영문) 창원지방법원마산지원 2015.09.25 2014가단8236

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(영문) 창원지방법원마산지원 2015.09.25 2014가단8236

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From September 22, 2009, the Defendant manufactured and supplied the steel pipes ordered by the Plaintiff from around three years to around three years, and then produced and supplied the steel pipes to the Plaintiff according to a continuous commodity supply contract with the contents to be paid by the end of the following month.

B. On December 12, 2013, the court rendered a judgment in favor of the Defendant that ordered the Plaintiff to pay damages for delay calculated at the rate of 20% per annum from July 6, 2013 to the date of full payment of the KRW 383,951,590 and the damages for delay calculated at the rate of 20% per annum from July 6, 2013 to the date of full payment.

(Seoul Central District Court 2013Kahap526951). (c)

On January 6, 2014, the Plaintiff paid 422,662,325 won the cited amount to the Defendant on January 6, 2014. On January 8, 2014, the Plaintiff and the employees of the Company A, who visited the Defendant’s site and confirmed whether the Plaintiff’s site conforms to the conditions of lectures and the standards indicated in the order document, and displayed a distinction between the lecture officer and the lecture officer to be entered into the Company A.

On January 15, 2014, the Defendant entered 74 lecture rooms into the Plaintiff. On June 10, 2014, the Defendant entered 164 lecture rooms into the A company, and delivered all of the lectures that were the subject of the said lawsuit to the Plaintiff.

(A) The plaintiff has accepted part of the lectures from the defendant during the lawsuit in question). [Grounds for recognition] The plaintiff has no dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 18, the purport of the whole pleadings.

2. Determination on the cause of the claim

A. 67 lecture officials listed in the summary of the 1st claim before the modification are inconsistent with the lecture officials under the supply contract and the lecture officials actually supplied by the Defendant, and the Defendant is unable to use the lecture officials due to the failure of the Defendant to keep them properly.

Therefore, the defendant is limited to KRW 82,320,00 for damages due to default or warranty liability.

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