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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.12.11 2014나41114
물품대금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in the business of manufacturing and selling cryp, winding apparatus, air circulation apparatus, and cryp, and the Defendants are those who engage in the business of manufacturing parts, such as cryp, winding apparatus, etc. with the trade name of “C”.

B. Around February 2010, the Plaintiff entered into an electronic part supply contract with the Defendants, and paid the Defendants KRW 6,90,000,000 in total, as the price for the goods: ① KRW 25 million on February 5, 2010; ② KRW 4 million on March 25, 2010; ③ KRW 15 million on May 11, 2010; ④ KRW 1,299,00 on August 23, 2010; ⑤ KRW 6,99,00 in total, KRW 1,00 on October 19, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1-5, the purport of whole pleadings

2. The Plaintiff asserts that the Defendants are jointly and severally liable to return KRW 44,013,370 as unjust enrichment, since the Defendants supplied only the goods equivalent to KRW 22,976,630 during the period from March 19, 2010 to September 7, 2010, even though they received KRW 66,99 million from the Plaintiff.

As seen earlier, the Plaintiff paid the total amount of KRW 6,699,00 as the price for goods between February 5, 2010 and October 19, 2010 under an electronic components supply contract entered into with the Defendants. However, the following circumstances acknowledged in full view of the aforementioned facts and the purport of the entire pleadings, namely, ① even with the vice president of the Plaintiff’s drafting, the Plaintiff was unable to be supplied with the electronic components after being supplied with the Defendants on September 7, 2010, and the Plaintiff did not take any measures to return the price for the goods that was paid to the Defendants on October 31, 2013, which was more than three years after being supplied with the Defendants on September 31, 2013.

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