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Reasons
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(영문) 부산지방법원동부지원 2015.01.08 2013가합5274
부당이득금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of manufacturing and selling electronic components and consumer products, and the Defendant is a person who works in New World Department Store B.

B. On December 15, 201, the Defendant entered into a contract for the supply of goods between the Plaintiff and the Plaintiff in the name of the new world (hereinafter “the primary contract”), and thereafter, December 22, 201 (hereinafter “the second contract”) and April 24, 2012 (hereinafter “the third contract”).

Each contract for the supply of goods has been entered into, and the main contents thereof are as follows:

1. The name, quantity, payment period, etc. of goods that the trustee (hereinafter the same shall apply) supplies to the truster (the new world of a stock company, hereinafter the same shall apply) shall be substituted by a delivery order presented by the truster to the trustee, and the trustee shall deliver the goods produced to the place designated by the truster;

2. A trustee shall pay in cash to the truster the commission fee (the first contract: 49,810,483, the second contract; 31,975,214, and the third contract: 97,754,810, out of the supply amount ordered to the truster (the second contract: 49,810,483, the second contract; 3,197,521, the third contract; 9,775,481, the third contract); by February 29, 2012, the trustee shall pay in cash to the truster; the tax invoice shall be paid in cash to the last day of February (the last day of May, 2012 in the case of the third contract);

C. Meanwhile, on November 25, 201, the Plaintiff remitted KRW 18,000,000 to the Defendant’s wife’s account, and directly paid KRW 18,000,00 to the Defendant’s account; KRW 10,000,000 in total over twice on February 17, 2012; KRW 20,000,000 on February 21, 2012; KRW 40,000,000 on March 14, 2012; KRW 10,000,000 on March 22, 2012; KRW 10,000 on March 22, 2012; and KRW 10,000 on March 14, 200; and KRW 30,00 on April 19, 201 to each of the Defendant’s deposits.

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