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(영문) 창원지방법원 2015.01.21 2014가합2341
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On July 20, 2013, the Plaintiff entered into a contract with the Defendant to supply each of the above machinery (hereinafter “instant contract”) by repairing one of the heavy shock machine purchased and owned by the Defendant (hereinafter “instant contract”).

B. On July 29, 2013, the Plaintiff paid KRW 20 million to the Defendant respectively, and KRW 30 million on August 12, 2013.

C. Since then, the Defendant produced four consignmentrs (hereinafter referred to as “each of the instant parts”) and repaired one of the above heavy showor (hereinafter referred to as “instant shockor”) and transferred each of the machinery listed in the separate sheet (hereinafter referred to as “each of the instant parts”) to a factory located in the Haan-gun, Haan-gun, and one parcel leased by the Plaintiff (hereinafter referred to as “instant factory”). D.

As of October 15, 2013 in relation to the instant contract, the Defendant issued an electronic tax invoice containing the amount of KRW 56 million (1 unit price of KRW 40 million and KRW 4,600,000,000 in total, KRW 5.6 million in total, and KRW 61.6 million in total, on November 15, 2013, the Defendant issued a revised electronic tax invoice stating the value of supply -56 million in total, and KRW 56 million in total, -5.6 million in total, as the grounds for cancellation of the contract, (hereinafter “instant tax invoice”). On October 25, 2013, the Defendant issued again a tax invoice with the same content as the tax invoice on October 15, 2013 in the same year.

E. On January 15, 2014, the Plaintiff sent content-certified mail to the Defendant (hereinafter “content 1”) and the purport is as follows.

The Plaintiff issued a certificate of domestic consumption deposited KRW 50 million with the Defendant on July 29, 2013 and KRW 50 million on August 12, 2013. However, the Plaintiff requested the Defendant to return the amount of KRW 50 million paid in error as it was deposited without any reason and without compensation.

F. Afterward, the Plaintiff.

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