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(영문) 울산지방법원 2017.09.21 2016가단62872
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff supplied scrap scrap to the Defendant from January 201 to April 2013.

With respect to the price of scrap scrap, the Plaintiff and the Defendant agreed to pay to the Plaintiff the remaining amount after deducting 120 won per km from January 201 to September 201, 201, and 160 won per km from October 201 to December 2012, 201.

B. In doing so, the Plaintiff and the Defendant agreed to put E.N. (hereinafter “E.”) into the intermediate phase of the transaction, and in relation to the tax invoice, the Plaintiff issued each tax invoice to E.N., and E.N. issued each tax invoice to E.A., and in relation to the settlement of the price, the Defendant paid E.N. to E., and E.A. paid each price to E., respectively.

C. On April 23, 2013, the Plaintiff and the Defendant settled the transaction relationship during the said period, and agreed to pay KRW 22,402,980 to the Plaintiff the remainder after deducting KRW 20 million, which is the existing loan to the Plaintiff, from KRW 42,402,980.

(hereinafter referred to as “instant settlement agreement”). D.

On April 23, 2013, the Defendant paid KRW 22,402,980 to the Plaintiff according to the instant settlement agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 8 (including each number), Eul evidence Nos. 1 through 3, part of witness B's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the settlement agreement of this case by the Plaintiff, the Defendant only provided the unit price for scrap supplied by the Plaintiff to other companies at lower than the actual sales price, and calculated the price paid to the Plaintiff on the basis of the price paid to the Plaintiff by E.N., but the fact was that E.N. acquired approximately KRW 30 per kg in the middle.

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