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(영문) 울산지방법원 2016.03.25 2015가단27827
부당이득금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. On October 2014, the Plaintiff jointly produced and sold the instant wing analysis system with a private golf wing operations and agreed to purchase the said wing analysis system for KRW 15,500,000 (hereinafter “instant product”) from the Defendants, and paid KRW 35,00,000 on August 35, 2014 to Defendant B.

B. Since then, the Plaintiff was unable to purchase the instant goods, and the Defendants filed a claim for the return of KRW 35,000,000 with the Defendants, the Defendants agreed to return the said money after disposing of the instant goods, and thereafter, the said money was not returned even after the disposal of the instant goods.

C. Since the price of the instant goods is KRW 5,850,000, which is 10% of the price of the instant goods, the Defendants unjust enrichment of KRW 29,150,000, which deducts KRW 5,850,000 from KRW 35,00,000, and the Defendants are liable to return the amount stated in their claims to the Plaintiff.

2. On October 2014, the Plaintiff agreed to purchase KRW 58,500,000 from the Defendants jointly manufacturing and selling the instant goods with a personal dancing golf wing analysis system and paid KRW 35,00,000 on October 8, 2014 to Defendant B, although there is no dispute between the parties, there is no evidence that the Defendants agreed to return the said amount due to the Plaintiff’s reasons, and there is no ground for the Plaintiff’s assertion.

3. The plaintiff's claim of this case against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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