(영문) 광주지방법원 2015.05.15 2014나11464

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(영문) 광주지방법원 2015.05.15 2014나11464

부당이득금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The plaintiff is a person engaged in agriculture in cultivating Magy, etc. in Jeonnam-gun B, and the defendant is an agricultural cooperative that conducts educational support business, economic business, credit business, etc. that the plaintiff is a member of the association.

The Plaintiff purchased agricultural materials, such as seedlings, agricultural chemicals, and farming instruments, from the Defendant. If the Plaintiff ordered the purchase of agricultural materials, the Defendant supplied goods to the Defendant Association first if the funds for the account opened in the Defendant Association fall short of the funds, then later, he traded by settling accounts in the way of settling accounts in the event that money is deposited in the Plaintiff’s account or loans are given in the Defendant Association.

According to the statement of sales, etc. held by the Defendant, on March 26, 2013, the Defendant supplied 10 km (900 km) to the Plaintiff at 10 km seeds at 10 km (900 km) and recorded that the amount of KRW 4,545,00 (hereinafter “the price of this case”) was the account receivable.

On December 9, 2013, the Defendant recovered KRW 7,000,000 including the instant amount from the Plaintiff’s account and settled the instant amount.

[Based on the basis of recognition] The plaintiff asserted by the parties to the determination as to the grounds for the claim of Eul's evidence Nos. 3, 4, 6, and 9 (including virtual numbers) and the overall purport of the pleadings. The price of this case settled by the defendant was entered into with the defendant around July 2012 under a contract with the plaintiff for purchase of seeds at the same time. At the time, the plaintiff ordered 20km unit (5,050 won per unit kg), 20km unit (4,100 won per unit kg), and 10km unit (4,100 won per unit kg), and supplied it to the defendant. However, since the plaintiff agreed on the amount of supply to the defendant at 90km unit because some of the seeds were found to fall short of the quantity of the seeds, the price was paid in full 1,274,500 won (=5,050 x 90km x 4,100 x 2101.61.2.6

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