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(영문) 서울중앙지방법원 2019.01.31 2017가단5152479
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 9, 2013, A Co., Ltd. (hereinafter “B”) (hereinafter “B”), a domestic clothing exporter, is the importer of the instant case.

B) As between B and the importer of this case, the goods of USD 373,693.54 equivalent to the total export price of USD 373,693.54 shall be exported, and the goods of USD 139,200 equivalent to the primary export price (on March 8, 2014, the date of shipment) and the goods of USD 116,162.40 equivalent to the secondary export price (hereinafter “the goods”) of USD 116,162.40 equivalent to the secondary export price of this case.

(B) The export contract of this case (hereinafter “the export contract of this case”) providing that the goods of USD 118,331.14 for the third export portion (the date of shipment on March 15, 2014) shall be exported, and 30% advance payment shall be made under the terms and conditions of payment for the export, and the balance shall be paid within 60 days from the date of issuance of B/L (prepaid securities).

B. B. On February 28, 2014, the Defendant concluded the export price of each of the above goods exported by B to the importer of this case (hereinafter “instant export price”).

2) Short-term export insurance contract with a content that compensates for losses suffered due to impossibility of recovering (hereinafter “instant export insurance contract”) (hereinafter “instant export insurance contract”).

(2) Upon the conclusion of the contract, B entered into a credit guarantee agreement with the effect that B shall guarantee, within the limit of the credit guarantee of US$200,000 (USD 200,000), the obligation to repay the loan, which B owes to the Plaintiff, due to the Plaintiff’s failure to receive the export payment from the importer of this case, after exporting the goods to the importer of this case and purchasing the bills or shipping documents related to the export transaction (hereinafter “credit guarantee agreement of this case”).

(B) The export credit guarantee certificate in the name of the Defendant (hereinafter referred to as “instant credit guarantee certificate”) was concluded.

the issue was made.

C. Based on this, B is between the Plaintiff and the Plaintiff on March 10, 2014.

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