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(영문) 수원지방법원 2019.08.28 2019가단507038
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff (the trade name is “C”) manufactures parts with gold-type launchs supplied by the Defendant (the trade name is “D”) and supplies them to E Limited Liability Company (hereinafter “E”).

Between the Plaintiff and the Defendant, the Plaintiff provided production facilities, such as gold, to the Defendant, supplied the Plaintiff with gold-type sand produced by the Defendant using production facilities such as gold-type, etc. provided by the Plaintiff, and the Plaintiff entered into a small president contract, the main contents of which are to pay the goods price for the gold-type sand supplied by the Defendant to the Defendant.

The above gold type offered to the defendant is prohibited from being taken out of the plaintiff's factory according to the contract between E and its upper level office. As the construction of the plaintiff's factory was delayed, the defendant's factory was unable to produce gold yarns within the plaintiff's factory, which led to the defendant's factory to be taken out for the production of gold withdrawns.

However, the Defendant received KRW 101,686,748 from the Plaintiff, which was more than KRW 139,609,746 than the reasonable price, by unilaterally determining the unit price in a unreasonable manner without consultation with the Plaintiff, and demanding the Plaintiff to pay the purchase price by issuing a written estimate and a tax invoice.

As above, the Defendant took advantage of the Plaintiff’s poor condition and took advantage of the Plaintiff’s unjust enrichment amounting to KRW 101,686,748, and thus, is obligated to return the said unjust enrichment to the Plaintiff.

2. Not only is it insufficient to recognize that the evidence submitted by the Plaintiff regarding the cause of the claim was calculated excessively by the Plaintiff’s claim against the Defendant, but also is somewhat excessive in calculating the above price.

Even if the defendant receives the payment from the plaintiff, the plaintiff's old condition is imminent.

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