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(영문) 서울남부지방법원 2020.02.06 2018가합103922
부당이득금
Text

1. The plaintiff, the defendant corporation Eul, and the defendant corporation Eul, the 153,775,600 won, and the 32,670,000 won and each of them.

Reasons

1. Facts of recognition;

A. D, a business employee of the Plaintiff, requested the transaction partner he/she managed by him/her to purchase only written estimates of the order without actually purchasing the Plaintiff’s goods on several occasions in order to make the sales performance from May 2004 to the time of retirement from May 2018 (hereinafter “provisional auction entry”).

Some business partners prepared a statement stating the kind and amount of the goods as directed by D in response to the request and delivered it to the plaintiff.

D dealt with the prices of goods that have not been deposited in the plaintiff due to access to a provisional sale by the following methods:

The fact that the plaintiff actually supplied the goods to the purchaser, but the plaintiff supplied the goods to the customer who responded to the access to the provisional public auction, and the customer supplied the goods to the third party.

The buyer paid the price for the goods to the customer, and the customer paid the price for the goods to the plaintiff as the previous transaction price for the access to the public auction, which was not paid until then.

B. From November 2016 to 2017, the Plaintiff supplied total of KRW 6,872,152,650 to E (hereinafter “stock company”) via F.

D The amount of KRW 1,292,357,00 out of the amount of goods received in E was paid to Defendant B, and KRW 358,930,00 to Defendant C as follows:

(hereinafter referred to as “the instant payment”). The payment date of the sequence No. 50,000, Defendant B (won) 1, on November 30, 2016, constituted a form that Defendant B (won) pays to Defendant B via G on January 5, 2017, 2017, 821,70,000,000 on July 14, 2017, 200 on July 20, 2017.

Total (won) 1,292,357,00 358,930,00 / [Grounds for recognition] A, Gap evidence Nos. 4, Gap evidence Nos. 7 through 11, and the purport of the whole pleadings

2. Requests for return of unjust gains:

A. The Defendants are obligated to return unjust enrichment.

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