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(영문) 서울동부지방법원 2016.06.22 2015가단17921
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the representative of the Co., Ltd. C (hereinafter referred to as "non-party company"), and the defendant is engaged in the clothing manufacturing business and wholesale retail business under the trade name "D," and E is substantially operating "D" with the defendant's husband.

B. On July 17, 2014, the non-party company received a letter of credit (hereinafter referred to as “the letter of credit of this case”) from the E to the effect that the non-party company received the credit (hereinafter referred to as “the letter of credit of this case”) from the U.S., and deposited KRW 105,00,000 as the acquisition price to the account of the defendant (D) on July 11, 2014.

The above transfer price is calculated by applying the exchange rate at the time of the transfer date to the 102,570 amount, which is the difference between 62,160 and the estimated price presented by the non-party company in the US$764,730.

C. From August 2014 to September 2014, the non-party company exported the clothing goods which are the basic contract of the above L/C, but the above L/C was not settled, and the non-party company's export-related preference was returned.

[Reasons for Recognition] Evidence Nos. 1 through 13 (including each number), Evidence Nos. 1-2, Witness F's testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On July 17, 2014, the Plaintiff transferred KRW 105,000,000 from the Plaintiff’s account to the Defendant’s account for the payment of the transfer proceeds of the instant L/C, but the instant L/C became final and conclusive that the said L/C could not be settled after the lapse of its validity period, which was not settled differently from what was anticipated in the said L/C transfer contract.

According to this, the defendant earned a profit equivalent to KRW 105,00,000 from the above transfer price paid to the plaintiff's funds, while the plaintiff suffered a loss equivalent to the above amount, so the return of unjust enrichment thereby to the plaintiff 105,00,000.

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