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(영문) 부산지방법원서부지원 2019.03.22 2018가단113674
부당이득금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 63,371,00 and the interest rate thereon from February 15, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff operates a fishery products sales shop, and Defendant B Co., Ltd. (hereinafter “Defendant B”) operates a fishery products retail business.

Defendant C is the actual operator of Defendant B.

B. Around March 2017, the Plaintiff concluded a sales contract with Defendant C to supply fishery products equivalent to approximately KRW 220,000,000 with Defendant C via Defendant C.

On May 15, 2017, the Plaintiff remitted KRW 227,217,00 to Defendant C as the purchase price.

C. On May 16, 2017, Defendant B delivered half of the quantity of fishery products stipulated in the sales contract to the Plaintiff, and thereafter did not deliver the fishery products.

On September 15, 2017, the Plaintiff and the Defendants agreed to refund the sales price for the portion not performed among the sales contract, and the Defendants agreed to pay the Plaintiff KRW 91,371,00 by November 30, 2017, and if the Defendants fail to pay to the Plaintiff up to that time, the amount of damages for delay shall be added at the rate of 20% per annum.

(hereinafter referred to as the “instant arrangement”). (e)

The Defendants paid to the Plaintiff KRW 22,00,000,000 in total on three occasions on or around February 2018, and KRW 6,00,00,00 on or around October 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the judgment and the facts of recognition as above, the Defendants are jointly and severally liable to pay to the Plaintiff the amount payable to the Plaintiff, 63,371,000 won and damages for delay calculated at the rate of 20% per annum under the instant agreement from February 15, 2018 to the date of full payment.

The plaintiff's claim is justified, and it is so decided as per Disposition.

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