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(영문) 대구고등법원 2016.03.10 2015나22978
부당공제금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence No. 1 (if there is a serial number, including the whole number; hereinafter the same shall apply); (c) the witness C of the first instance trial; and (d) the witness B of the first instance trial and the whole purport of the pleadings.

On April 208, the Plaintiff entered into a contract with the Defendant to supply the product and receive the processing fee from the Defendant (hereinafter “instant contract”) and continued to engage in the transaction until June 2013, 2013.

B. On January 31, 2008, the Defendant issued a tax invoice of an amount equivalent to KRW 111,077,389 on the title of the raw materials remaining in the process of manufacturing the product by processing the raw materials for scrap scrap (Scrap) and issued a tax invoice of an amount equivalent to the total of KRW 362,139,947 on 44 occasions from that date to January 31, 2013, and then deducted the Plaintiff from the processing fees payable for the Plaintiff the sum of KRW 362,139,947 (hereinafter “mutual aid money”).

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion 1) Although the Defendant agreed to vest in the Plaintiff the ownership of scrap scrap at the time of entering into the instant contract, it was obligated to refund the mutual aid money to the Plaintiff with unjust enrichment, as it did not pay the mutual aid money without agreement with the Plaintiff, thereby causing losses to the Plaintiff without any legal ground. Even if unjust enrichment is not established, the Plaintiff is obligated to pay the Plaintiff the full-time processing fee equivalent to the mutual aid money. 2) At the time of entering into the instant contract, the Plaintiff is obligated to pay the Plaintiff the full-time processing fee.

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