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Reasons
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(영문) 수원지방법원 2015.10.29 2015나11349
부당이득금반환
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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 1, 2007, the Plaintiff was engaged in the steel-processing business with the trade name “D,” and on November 2, 2007, entered into an agreement with the Defendant as follows (hereinafter “instant agreement”). On November 19, 2007, the Plaintiff was paid KRW 70,000,000 from the Defendant.

D. Daehan’s obligee (hereinafter “A”): The Defendant’s obligor (hereinafter “B”) agrees to grant some of the funds necessary for the purchase, etc. of LASER processing plant to B in carrying out the LASER processing plant business, with mutual trust and responsibility, as follows:

1. Eul shall borrow the principal amount (70,000,000 won) to Gap;

2. Eul shall pay Gap 2,800,000 won (2,80,000 won) monthly with a fixed interest rate in borrowing the principal.

3. The claims and obligations between A and B shall be one year, and shall be extended or suspended in consultation with each other according to the results of the relevant project.

4. If it is inevitable to continue to operate this business due to a defect in the management of this business, the LASER processing machine shall be transferred to A in consultation with A and the amount borrowed shall be settled and arranged.

5. In cases falling under paragraph (4), if it is inevitable to settle the LAS processing period, B shall transfer the transaction price of the business partner to A and settle the borrowed amount;

(Provided, That from time to time, the relationship between the customer Gap and the customer Gap is known)

6. If the above matters are not observed, Eul is legally responsible for civil and criminal affairs;

7. Accompanying documents: A copy of the business registration certificate, certificate of personal seal impression, or model of LASBUYA (SHBYA 2006 WTS4630KW).

B. On January 2, 2008, the Plaintiff paid KRW 2,800,000 to the Defendant and paid KRW 149,200,000 in total as indicated in the separate sheet for appropriation of principal and interest from that to March 11, 2013.

C. On March 12, 2013, the Plaintiff settled the unpaid amount under the instant arrangement between the Defendant and the Defendant by the date immediately preceding the said date and settled the amount on March 12, 201.

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