(영문) 서울북부지방법원 2018.02.02 2017나34224

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(영문) 서울북부지방법원 2018.02.02 2017나34224

부당이득금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On October 1, 2015, the Plaintiff and the Defendant concluded a commodity supply contract with the following content:

(1) The term of the contract (hereinafter “the primary contract”) refers to the raw clothes that the Plaintiff orders through the Defendant, from October 1, 2015 to December 4, 2015.

3) The delivery price of the goods supplied by the Defendant is the amount agreed upon. 4) The Defendant shall supply the goods ordered by the Plaintiff to the place designated by the Plaintiff within the payment period.

With respect to goods (unpaid goods) supplied, the plaintiff may request the defendant to return, exchange, or cancel the order within ten days.

Provided, That with respect to the defect of the goods itself, the defendant shall take measures to return, exchange, or refund the goods after the relevant period has elapsed.

5) The total amount of the contract that the Plaintiff pays to the Defendant is KRW 43,265,00,000, and the Plaintiff and the Defendant also pay upon the application and approval of the contract. B. Pursuant to the first contract, the Plaintiff and the Defendant, according to the first contract, shall enter into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”).

(1) If there is an amount to be preferentially deducted (such as compensation for delay) in relation to the contract for manufacture of living clothes, the amount shall be first deducted from the transfer amount.

2) The Plaintiff and the Defendant cannot re-transfer the assigned claims. 3) The Plaintiff and the Defendant transfer the following claims under the following terms of the contract, and after signing and sealing this contract, the Plaintiff and the Defendant keep one copy of each contract after signing and sealing it.

The terms and conditions of this Agreement shall remain effective after the Plaintiff and the Defendant sign and affix their seals and seals upon agreement: (a) Contract amount for contract items 2015UMM1225(b): Amount obtained by transfer (in the case of an induction) amount: Amount obtained by transfer (in the case of an induction) amount 69,73,500: Amount obtained by transfer: Amount obtained by transfer 43,265,000 won: Payment;

C. Meanwhile, the Plaintiff and the Defendant.

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