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(영문) 서울동부지방법원 2017.01.13 2015가합105085
부당이득반환 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) KRW 66,293,529 as well as 6% per annum from June 19, 2015 to January 13, 2017;

Reasons

1. From January 10, 2012, the Plaintiff entered into a contract for the commencement of the production of a py glass (hereinafter “instant contract”) with the Defendant to the effect that the Defendant supplied a glass plate from the Plaintiff and produced and supplied the dunes glass to the Plaintiff, the fact that the contractual relationship was terminated on or around March 2015 is not disputed between the parties, or that the contractual relationship was terminated, or that it is recognized by taking account of the overall purport of pleadings in each of the entries in Gap’s evidence No. 3 through 9.

2. Determination as to the claim for the settlement of the glass cost

A. On February 18, 2014, the Plaintiff’s assertion was based on the business agreement entered into with the Defendant on the part of February 18, 2014, and the Plaintiff has KRW 62 million with respect to the Defendant, whereas the Plaintiff bears the obligation of KRW 15,083,923 with respect to the processing cost unpaid to the Defendant.

Therefore, when offsetting both claims, 46,916,077 won out of the glass cost settlement deposit claim remains, and thus, the defendant is entitled to the payment.

B. According to the Plaintiff’s evidence No. 43 evidence, the Plaintiff’s actual inventory amount of the glass board as of February 18, 2014 between the Defendant and the Defendant is as follows: (a) as of November 30, 2013, “5TC 49,232, 5TG 68,493, 6TC 9, 697, 6TG -744, 6TL 678 square meters”; and (b) confirmed that the difference between the actual inventory amount of the glass board as of November 30, 2014 between the Plaintiff and the Defendant was 62 million won; and (c) determined that the difference between the total inventory amount of the glass board as of April 30, 2014 to December 30, 2014 as of December 30, 2014 (hereinafter “instant settlement agreement”).

2) On the other hand, the Plaintiff, based on the agreement of this case, prepared a written agreement on his business affairs. According to the above facts, the Plaintiff, based on the agreement of this case against the Defendant, is entitled to the claim for the settlement of accounts in favor of the Defendant amounting to 62 million won.

(2) For this reason, the defendant did not properly grasp the stock of the glass board, and the person in charge of the plaintiff who did not properly grasp the stock of the glass board is used only for reporting to the representative director of the plaintiff.

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