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(영문) 인천지방법원 부천지원 2018.05.30 2017가단116038
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 11,151,492 to the Defendant (Counterclaim Plaintiff) and its amount from May 31, 2017 to January 18, 2018.

Reasons

1. The plaintiff is a corporation whose objective is to manufacture steel materials and wholesale and retail business, and the defendant is a corporation that manufactures and sells pipes, and there is no dispute between the parties.

2. Judgment on the principal lawsuit

A. In the center of the plaintiff's assertion, since the defendant arbitrarily used the Switzerland Co., Ltd. owned by the plaintiff without authority, the defendant is obligated to return to the plaintiff 72,870,336 won equivalent to its value as unjust enrichment.

Preliminaryly, if the Defendant denies the transaction relationship with the Plaintiff and asserts the transaction relationship with C, the Switzerland Co., Ltd., which C kept in its custody, has been arbitrarily used by the Defendant without the authority. As such, C has a claim for return of unjust enrichment of KRW 72,870,336, equivalent to its value, and thereafter, C acquired the above claim for return of unjust enrichment of KRW 72,870,336, as the Plaintiff acquired the above claim for return of unjust enrichment from C, the Defendant is obligated to pay the Plaintiff the amount of acquisition.

B. In light of the Plaintiff’s primary argument, first of all, as to whether the Defendant used the Plaintiff’s main argument voluntarily, the evidence submitted by the Plaintiff or the testimony of the witness C alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it (for instance, according to each of the evidence Nos. 2 and 3, the Defendant appears to have requested the production of pipes from C or D’s business title E, processed them into pipes, supplied part of the pipe, and stored the remainder). The Plaintiff’s primary argument is without merit.

Then, considering whether the Defendant arbitrarily used the sate, the evidence submitted by the Plaintiff or the testimony of the witness C submitted by the Plaintiff is insufficient to recognize it, and it is otherwise recognized.

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