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(영문) 춘천지방법원영월지원 2019.10.24 2018가합10618
부당이득금
Text

1. As to KRW 303,137,00 and KRW 271,637,00 among them, the Defendant shall pay to the Plaintiff KRW 303,137,00 from January 2, 2019, and KRW 31,50,000.

Reasons

Facts of recognition

On January 16, 2017, the Plaintiff entered into a contract for crop cultivation and shipment with the content that the Defendant purchases an amount equivalent to KRW 300 million in 2017,000,000,000 from water leakage, and KRW 110,000,000 in 201.

Although the Plaintiff paid KRW 38,500,000 to the Defendant for the purchase price of the said agricultural crops from February 1, 2017 to August 21, 2017, only the agricultural crops equivalent to KRW 163,363,00 were supplied.

Although the defendant agreed to bear the cost of shipping agricultural products in the above contract, the plaintiff paid KRW 50 million to the cost of shipping agricultural products.

On May 9, 2018, the Plaintiff entered into a contract for crop cultivation and shipment with the content that the Defendant purchases the amount equivalent to KRW 300,000,000,000 from the water leakage level of KRW 2333,50,000,000 in the 2018.

Although the Plaintiff paid KRW 27 million to the Defendant for the purchase price of the said agricultural crops from May 1, 2018 to August 15, 2018, the Plaintiff received only KRW 195 million supply of agricultural crops worth KRW 195 million.

On the other hand, on September 18, 2018, the Defendant made a settlement statement to the effect that, on the other hand, the Plaintiff paid 221,637,000 won in excess of the year 2017 and the Plaintiff paid 50 million won in lieu of the Plaintiff, the Defendant promised to pay 271,637,000 won in total from 2019.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 7, and the facts of the above recognition as to the ground for a claim as to the purport of the entire pleadings, the defendant shall return 221,637,00 won which was paid in excess of 2017 by the plaintiff (i.e., 38,500 won - 163,363,000 won), the shipment cost incurred by the plaintiff instead of the plaintiff 50 million won, and the excess payment in 2018 (i.e., 227 million won - 19,500 million won) to the plaintiff 303,137,000 won which was paid in excess of 271,637,000 won and 271,637,000 won which were to be returned in connection with the contract in 2017, and 300,000 won which shall be returned to the plaintiff 1.5 million won in relation to the contract.

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