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(영문) 인천지방법원 2015.08.19 2014가단58565
선입금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s basic fact is that the Plaintiff runs the wholesale and retail business of computers and peripheral devices; the Defendant runs the business of producing and selling computers; and the fact that the Plaintiff transferred KRW 30 million from the bank account under the name of the Defendant to the bank account under the name of the Defendant on June 7, 2013 (hereinafter “the instant money”) does not conflict between the parties.

2. The plaintiff's assertion is the primary cause of claim. The plaintiff decided to purchase Samsung Monitoring (S23B300) from the defendant on June 7, 2013 between the defendant and the plaintiff, and made a prior payment to the defendant, and the defendant did not deliver the above goods and clearly expressed his/her intent to refuse the performance of obligation during the oral proceedings of this case. Thus, the plaintiff's claim for the above goods supply contract between the plaintiff and the defendant was cancelled by delivery of the application for change of claim and cause of claim, and the defendant is obligated to return the above 30 million won to the plaintiff.

The plaintiff is a preliminary cause of claim. The defendant, even if there is no contract between the plaintiff and the defendant for the supply of goods, received the money without any legal ground and obtained profits equivalent to the money of this case, and the plaintiff suffered losses equivalent to the above money, and thus, the defendant is obligated to return the money to the plaintiff as unjust enrichment.

In regard to this, the defendant did not have any agreement between the plaintiff and the goods transaction agreement of the plaintiff, and the amount of this case was deposited as the defendant's obligor B, who is the actual representative of the plaintiff, in the name of debt repayment against the defendant, so it did not mean that the defendant did not make unjust enrichment without any legal ground

3. Determination

A. The following circumstances, i.e., the Plaintiff and the Defendant, on January 5, 2012, may be identified by the respective descriptions of evidence Nos. 1, 2, and 3, solely based on the judgment on the primary cause of claim (1) and the witness B’s testimony.

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