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(영문) 수원지방법원 2019.05.30 2018나1268
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a person who engages in fish distribution business under the trade name of "C", and the defendant is a person who engages in fish farming at the sea in Tong Young-si, Tong Young-si.

B. The Plaintiff paid a total of KRW 17,500,000 to the Defendant as follows.

On March 18, 2014, 1,000 E Bank on April 18, 2014; 1,200,000,00 E Bank on April 18, 2014; 50,000,00 F Bank on May 27, 2014; 00,000 on June 11, 2014; 0.50,000 F Bank on July 28, 2015, 00; 0.0,000,000 on July 28, 2015, 200; 1,000,000 F Bank on August 1, 2014; 1,000,000 E Bank on September 1, 10, 2014; 1,000,000 E Bank on May 10, 2014;

C. Meanwhile, G, the Defendant’s spouse, filed a lawsuit against the Plaintiff (A), with the Changwon District Court through the Changwon District Court, and with the “Seoul District Court through the Changwon District Court through the Changwon District Court,” with the exception of the Plaintiff’s KRW 16 million remaining, excluding the KRW 12 million paid by the Plaintiff, out of the KRW 28 million under the high language supply contract on November 15, 2014, and the damages for delay thereof. The same court accepted the entire claim of G on January 11, 2017, and the original District Court through the Changwon District Court rendered a judgment accepting the claim of G on January 11, 2017, and the Plaintiff (A) appealed on this, but the original District Court, which was the cause of the appellate court, dismissed the Plaintiff’s appeal, and the said judgment became final and conclusive on July 11, 2017 or on July 2013, 2017.

The case at issue is referred to as "related case" . . / [Grounds for recognition] without dispute, Gap evidence 1, 2, and Eul evidence 3 (including paper numbers; hereinafter the same shall apply)

- The purport of the whole pleadings

2. The parties' assertion

A. On November 15, 2014, the Plaintiff asserted that the Plaintiff entered into a supply contract under which the Defendant would be supplied with the high-light language cultivated in the Defendant’s aquaculture amounting to KRW 28 million (hereinafter “instant high-water supply contract”).

The Plaintiff is the high language price according to the instant high language supply contract.

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