(영문) 부산지방법원동부지원 2016.06.23 2014가합101247

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(영문) 부산지방법원동부지원 2016.06.23 2014가합101247

매매대금반환

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1. The Defendant’s KRW 101,952,250 for the Plaintiff and KRW 6% per annum from January 17, 2013 to August 18, 2014.

Reasons

1. Facts of recognition;

A. On January 17, 2013, the Plaintiff paid KRW 111,452,250 (hereinafter “the instant price”) to the Defendant, who had engaged in trade agency business, etc., as the import price for high-class fuel oil for Indonesia industry (hereinafter “MM”).

B. On January 17, 2013, the Defendant, in Indonesia, remitted the instant price to C by securing and sending the instant oil, but C did not send the instant oil, and the contact with the Defendant was also interrupted.

C. On August 22, 2013, the Plaintiff demanded the Defendant to return the instant payment, and the Defendant returned KRW 9,500,000 to the Plaintiff on September 3, 2013.

The Defendant was indicted by the court 2015Da2447 of this Court and was convicted on March 17, 2016, on the charge that “The Defendant, despite being aware that it could not import the instant oil from C, by deceiving the Plaintiff to purchase the instant oil, and by deceiving the price received from the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. In addition to the above facts of recognition, the following circumstances, etc., which are acknowledged by comprehensively considering the purport of the entire pleadings in Gap evidence Nos. 9, 10, and 11, are considered as follows. In the process of importing the oil of this case, the defendant did not transfer the price of this case to Eul at the plaintiff's request and make a customs clearance procedure for importing the oil of this case on behalf of the plaintiff, but it is reasonable to deem that the defendant received the price of this case from the plaintiff and agreed to import the oil of this case to the plaintiff as the price for the oil of this case (hereinafter "the import agreement of this case"), and each of the items of evidence Nos. 1, 2, 3, and 5 did not interfere

① The Defendant shall pay the instant amount.

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