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(영문) 서울고등법원(인천) 2020.10.29 2019나12549
부당이득금
Text

All of the Plaintiff’s appeal and the claim selectively added by this court are dismissed.

after the filing of an appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is the same as the reasoning of the judgment of the court of first instance except for the plaintiff's determination as to a claim added by this court as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 4

Furthermore, in light of the following circumstances acknowledged by Gap evidence Nos. 12 and 22, and evidence Nos. 31-3, the defendant, from March 2017 to May 2018, supplied the plaintiff with the processed unit price table or X-cell file for calculating the unit price provided by the plaintiff while supplying the plaintiff with the processed unit price table or the x-cell file. The plaintiff also did not confirm whether the defendant calculated the unit price based on the above x-cell file during the above period, and approved individual supply transactions according to the unit price calculated by the defendant, and paid the price. In light of the contract between the plaintiff and the defendant on June 12, 2018, the processed unit price for the mar, which is the marg, cannot be deemed as a case where the contract is impossible in light of the nature of the product, there is no evidence to acknowledge that the defendant submitted to the court of first instance as the unit price to the court and the witness evidence Nos. 25 through 31 and the testimony of the witness F.

2. Determination as to additional claims

A. On April 16, 2014, the Plaintiff asserted that the determination of the unit price is delayed when concluding the basic contract with the Defendant, the Plaintiff, once again, applied the temporary unit price determined by the agreement between the Plaintiff and the Defendant, and if the fixed unit price is subsequently determined, the difference between the temporary unit price and the fixed unit price is to be settled retroactively when determining the fixed unit price.

The plaintiff and the defendant filed a claim against the defendant for calculation from March 2017 to May 2018 shall constitute a temporary unit price for the processed liquid products.

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