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(영문) 서울남부지방법원 2016.08.19 2015가단39382
부당이득반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. The part of the claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in software development and trade business, and the Defendant Company is a company that engages in CCTV, its peripheral devices, and its security camera manufacturing business.

Plaintiff

The representative director D E’s operator F of the company E and the defendant company director G were friendly, and the above F sold Aluminium (hereinafter “instant goods”) to D and G, and the final buyer decided to be H. The above goods were delivered to Plaintiff H of the E company.

However, if the Plaintiff transfers the sales proceeds of the above goods to the Defendant Company, E sent the above goods to the Defendant Company, and the Defendant Company again delivered them to the Plaintiff, and the Plaintiff intended to deliver them to H.

Accordingly, on December 11, 2013, the Plaintiff remitted KRW 99 million to the Defendant Company, and the Defendant Company issued the first tax invoice related thereto.

However, E sent the above goods directly to H without going through the above process. Accordingly, the Defendant Company revoked the issuance of the tax invoice related to the transaction of goods at the first minute 99 million won.

As such, the goods transaction was not supplied differently from the original promise, and the Defendant Company revoked the issuance of the tax invoice against the Plaintiff even if it received KRW 99 million from the Plaintiff, and thus, the contract between the Plaintiff and the Defendant Company should be deemed to have been rescinded by such Defendant Company’s speech and behavior. Even if not, the Plaintiff would rescind the above supply contract by delivery of a duplicate of the instant complaint.

Therefore, the Defendant Company’s restitution following the rescission of the instant goods supply contract is about KRW 99 million, which the Plaintiff first paid to the Defendant Company, and the promotion of the lawsuit from the day following the delivery date of the copy of the instant complaint to the day of full payment.

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