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(영문) 수원지방법원 2014.04.04 2013가단92855
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B, around August 2012, purchased 14 tons of a 14-metric truck from another treative tea company (hereinafter “instant vehicle”), and around that time, entered into an agreement between the Plaintiff and another treative tea company to pay the purchase price in installments with the Plaintiff. Around that time, when the Plaintiff pays the purchase price to another treative tea company, B entered into an agreement on installment financing and error with which B would pay the said amount in installments.

B. On August 27, 2012, the Defendant is a person engaged in the manufacturing business of special motor vehicles, etc. with the trade name of “C,” and the Plaintiff was scheduled to manufacture and install special devices on the instant motor vehicle (hereinafter “special devices”) with the consent of “B,” and paid KRW 78,00,000 out of the above sales price to the Defendant for the production and installation cost of special devices.

However, before paying the above amount to the Defendant, the Plaintiff was issued by the Defendant a letter of commitment related to the production of a special letter (hereinafter “instant letter of commitment”) with the following contents.

The producer of the letter of commitment related to the production of the special letter (hereinafter referred to as the "defendant") refers to the producer (hereinafter referred to as the "Plaintiff") who produces the special letter (hereinafter referred to as the "specific amount") at the request of the purchaser (hereinafter referred to as the "debtor") and the debtor, and the producer is paid in advance by a loan agreement between the debtor, as follows:

- - Future - The producer of Section 1 (Notice of Results of Special Production) will immediately notify you of the completion of the production of the special course and take measures to ensure that you will deliver the tax invoice to you to ensure that the normal accounting is conducted.

Article 2 (Duty to Return Proceeds in the event of Non-production of Special Design) (1) The manufacturer assumes that the above amount of the manufacture was received in advance on the premise of the completion of the manufacture of the Special Chapter, and that the above amount of the manufacture shall be immediately returned to the obligor and the manufacturer at the time of cancellation or termination of the special Chapter. If the production is in progress.

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