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(영문) 서울서부지방법원 2020.02.13 2018가합41474
부당이득금
Text

The Defendants are jointly and severally liable to the Plaintiff for 540,516,000 won and each year from January 28, 2019 to February 13, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a manufacturer and distributor of a special motor vehicle (a motor vehicle equipped with special equipment and used for special purposes).

B. In a case where an automobile is purchased using installment financing and the said automobile is manufactured in a special lane, ① the borrower entered into a contract of automobile sales with the automobile selling company, a special contract with the Plaintiff, and a loan contract with the installment financing company, ② the installment financing company shall pay the purchase price of the automobile and the special cost in accordance with the business partnership agreement entered into with the special contractor, and ③ the special contractor shall deliver the automobile sales price to the automobile selling company after delivery of the vehicle and completion of the special contract.

C. On June 1, 2018, Defendant B, a agricultural and fishery product brokerage and distribution company, (hereinafter “Defendant B”), recruited Borrower and ordered 25 specific teas to the Plaintiff on June 1, 2018, contracted as follows:

(hereinafter referred to as the “instant contract”). Defendant B (A), Plaintiff (B), and Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) of the headquarters supplier Co., Ltd. (hereinafter referred to as “Defendant C”) enter into a contract for the manufacture and supply of special food trucks into a mutual payment key according to the flow of duties as follows:

-A. A. B. A. B. written orders for the manufacture and supply of a special sheet to B. B. B. B. B. B. A. A. The administrative procedures for the purchase and installation of a special sheet inside the special sheet (fing pool, shock, power generator, kitchen and other equipment) installed inside the special sheet, and for the installation of the equipment in the special sheet (fing pool, shock, power generator, kitchen and other equipment) and obtaining approval for the structural change with the food truck will be as follows: B. After the agreement that the equipment of the food truck will be manufactured, and it will be responsible for the installation on one side.

In other words, a special wing wing wing or shock tower is B.

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