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(영문) 창원지방법원 2014.10.28 2013가단25869
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 7,315,00 to the Plaintiff (Counterclaim Defendant) for KRW 7,315,00 and its amount from September 15, 2014 to October 28, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is a company that manufactures and sells plastic products with the trade name "D" in Kimhae-si, and the plaintiff is a company that manufactures and sells plastic products.

B. (1) The Defendant requested that the Plaintiff import of the machinery on behalf of the Plaintiff in order to import yarns, gold-types, robots necessary for the production of plastic products, etc.

(2) On April 22, 2009, E, the representative of the Defendant and the Plaintiff, visited the food rate (FUYOUK ZUCO. LTD) (FUY) at the store located in the Yeo-si in Japan and confirmed the current status of the machinery that the Defendant wishes to purchase.

(3) The Defendant requested the Plaintiff to send a written estimate related to import agency. Accordingly, on May 16, 2009, the Plaintiff sent a written estimate to the Defendant that “IF conditions, 22,00,00 United Nations (CIF conditions), 8% customs duties, 22,353,000, KRW 15,000,00,000, KRW 15,000,000,000 for transportation expenses, installation, assembly, cost of trial operation, approximately KRW 5,000,00 for the instant machinery.”

(4) After that, the Defendant entrusted the Plaintiff with the import of the instant machinery by proxy (hereinafter “instant agency contract”), the content of the contract was to pay the Plaintiff the purchase cost and distribution cost of the instant machinery, and if the Plaintiff imported the instant machinery at the expense that the Plaintiff received, and completed the installation of the instant machinery in the Defendant’s factory, the Defendant agreed to pay the Plaintiff a certain ratio of the price of the instant machinery to the import agency fee. However, it is the wind that the instant machinery is rapidly proceeding as a local product in Japan.

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