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(영문) 대구지방법원김천지원 2017.11.10 2017가합15129
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 206,650,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 6, 2017 to November 10, 2017.

Reasons

1. Determination on the main claim

A. Fact 1) The Plaintiff is a company mainly engaged in the manufacture, processing, and delivery of Athogle (ITO glass; glass, which is transparent dirum Oxides; which is used in creating liquid dirums and troids, etc.). The Defendant is a person engaging in the production, installation, maintenance, and repair, etc. of a free trade schedule with the trade name of “B”. 2) The Plaintiff entered into each of the contracts of this case from Samsung F&D, which the Plaintiff was used for the production of the base oil oil (plasma, PDP) that was self-dried from Samsung F&D, and the free trade schedule and logistics system (hereinafter “instant free trade system,” “instant logistics system”).

(B) On August 5, 2015, the Plaintiff and the Defendant purchased the instant glass detailed and logistics system (hereinafter “instant primary contract”) with the content of decomposition, repair, and remodeling to conform to the Athogle production process (hereinafter “the instant primary contract”) as stated in the same paragraph as KRW 740 million (value added tax; hereinafter “value added tax”) with the price of KRW 740,000,000 (excluding value added tax);

A) The contract of carriage of the instant glass tax regular and logistics system was concluded separately (hereinafter “the instant secondary contract”) with the content of the removal and transport in the Plaintiff’s factory by removing and transporting the instant glass tax regular and logistics system from the Samsung Factory (hereinafter “the instant secondary contract”).

(C) On September 2015, after the conclusion of the instant first contract, the Plaintiff entered into the instant first contract, the Defendant’s product of Samsung glass stated in the instant glass schedule and distribution system (hereinafter “Thosung glass”).

) Products of glass from ELDlas (hereinafter referred to as “EL glass products”) other than ELDlas.

) To be used for production, 0.3T (T is the weak, 0.3T means 0.3m or more, and 0.3T means 0.3m or less, the repair estimate capable of responding to glass products.

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