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(영문) 창원지방법원 2018.10.12 2018나51888
부당이득금
Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) corresponding to the amount of the lower payment order as to the counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. The Plaintiff, as a Chinese citizen, operates the mid-to-date store of the trade name “E” (hereinafter “E”) in the fourth floor building located in Jinju-si, Jinju-si. The Defendants, as married couple, operate the gas retail business in the trade name of “G” located in Jinju-si.

B. From around 2002 to December 2016, the Plaintiff was supplied with LPG gas from the Defendants. From the first to third level restaurant of E, the Plaintiff measured the volume of supply through measuring instruments, and supplied the E-4-story housing as gas unit.

C. The Defendants supplied the Plaintiff with LP gas to be used in E and obtained confirmation from the Plaintiff on the transaction account books. ① The remainder of the gas price adjusted on December 23, 2010 from around August 2, 2005 to December 23, 2010 is KRW 19,115,050, and the Plaintiff did not pay KRW 200,000,000 to the Defendant on July 19, 201, KRW 201 to KRW 201,000,000, KRW 201,000,000 to KRW 20,000,000 to KRW 20,000 from around December 31, 201, KRW 201 to KRW 208,00,000 to KRW 20,000,000 to KRW 20,000,000 to KRW 16,219,219.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7, 9, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination on the main claim

A. The reasoning for this part of the judgment of the court of first instance is as stated in the corresponding part of the judgment of the court of first instance, except for the following “additional Judgment”. Thus, Article 420 of the Civil Procedure Act is applicable.

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