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(영문) 서울동부지방법원 2018.07.25 2017가단109480
부당이득금반환 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are companies that engage in the business of wholesale business in a lush market, and the Defendant is a company that engages in agricultural products wholesale business and retail business.

B. A around October 2016, around 2016, to the Plaintiffs, purchased earth and sand for the purpose of supplying it to the new World Pream Co., Ltd. (hereinafter “New World Pream”) and the non-cases of the Co., Ltd. (hereinafter “non-cases”), and requested the supply of earth and sand.

C. Upon the above request of the Plaintiff Han Institute, from October 3, 2016 to November 11, 201 of the same month, the Plaintiff Hanwon supplied 163,716,700 won from October 13, 2016 to the same month, from the 13th day of the same month to the 19th day of the same month, and from the Plaintiff Two Ri Office, to the 189,432,50 won from the 21th day of the same month to November 2, 2016, but the Mawal did not pay the Mawal, but the Mawal did not provisionally attach the claim for the purchase price of goods against the Mawal and Non-K, etc.

(Seoul Eastern District Court 2016Kadan52117, 52126). D.

on November 15, 2016, 167,50,800 won, which is about 80% of the above supply value, was paid to the Plaintiff Hanwon on November 15, 2016, and KRW 139,159,200 on the same day to the Plaintiff Sung-si Distribution, and KRW 151,526,00 to the Plaintiff Han-ri on the 30th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, Eul evidence Nos. 4, 5, 6, 7, 9, 10, and the purport of the whole pleadings

2. The Plaintiff’s assertion A requested the Plaintiffs to supply Saturdays to the above well-being, and in fact made the Defendant deliver it to the Defendant.

Therefore, the Defendant obtained unjust enrichment equivalent to the price of the earth and sand supplied by him, but recognized that he had been mixed in daily treatment, and repaid 80% of the supply price, and the Defendant should pay the amount stated in the claim and damages for delay, which are the remainder of the price, to the Plaintiffs.

3. The Plaintiffs are discussed to deliver the Mealaly well-being.

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