logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2019.06.26 2018가단55187
부당이득금
Text

1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual rate from April 7, 2018 to April 23, 2018.

Reasons

1. Basic facts

A. On January 4, 2018, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with respect to the total purchase amount of KRW 320 million per unit (excluding KRW 4 million per unit and value added tax) with respect to the total purchase amount of KRW 80,000,000 (hereinafter “mining machine”). At the time of the said contract, the Defendant signed a sales contract with the seller.

Article 3 of the instant sales contract provides that “The delivery date shall be the standard for the delivery date agreed upon between the seller and the buyer.”

B. From January 4, 2018 to January 8, 2018, the Plaintiff paid KRW 320 million to the Defendant under the instant sales contract.

C. On March 17, 2018, the Plaintiff was handed over 30 mining technicians from the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 and 4 (including branch numbers, if any)

2. Determination

A. The following circumstances revealed in light of the aforementioned evidence as to who the seller of the instant sales contract is the seller, Eul evidence Nos. 10-1 and Eul witness testimony, and the purport of the entire pleadings, namely, the representative director of the Defendant Company directly affixed the seal of the Defendant Company to the seller of the instant sales contract, and directly transferred the purchase price from the Plaintiff; the Plaintiff reported the sales of the extraction machine posted on C’s B’s tables and purchased the extraction machine by contact C. From January 2018 to March 2018, C created a new name that the director of the Defendant Company directly purchased the extraction machine. From January 2018 to March 2018, C was engaged in mining sales by making it clear that C was directly a director of the Defendant Company, and received four-dimensional insurance from the Defendant Company and part of the allowances designated by D was deposited from the Defendant Company. The Defendant Company concluded the instant sales contract upon request by DD (hereinafter “D”).

arrow