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(영문) 전주지방법원 2021.02.17 2020나8831
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. On May 13, 2020, the Plaintiff’s summary of the Plaintiff’s assertion was requested by Kwikset Co., Ltd. to deliver the goods called “Blod” to D Co., Ltd.

Accordingly, as the Plaintiff arrived at C office, C office employees first requested the Plaintiff to pay the goods, and paid 198,000 won in cash to the said employees at the Plaintiff’s money.

Since then, D Co., Ltd. had the goods deposited on the warehouse designated by D Co., Ltd. and requested the payment by telephone to the said company, but the said company did not make the payment for the goods after making the payment later.

Ultimately, the plaintiff loans 198,00 won to the defendant, and the defendant is obligated to return the above money to the plaintiff.

2. According to the evidence No. 1 of the judgment of the court below, the defendant supplied D Co., Ltd. with "Bloba" equivalent to KRW 198,00 on May 12, 2020, and the defendant requested D Co., Ltd. to deliver the above goods to D Co., Ltd. on the following day.

However, there is no evidence to support that the Plaintiff paid KRW 198,00 to the Defendant’s employees in the process of requesting delivery (the Plaintiff asserted as above and the Defendant appealed but the non-prosecution decision was rendered). The Plaintiff’s assertion is without merit.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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