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Reasons
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(영문) 인천지방법원 2017.04.04 2015가단243353
부당이득금
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1. The Defendant’s KRW 4,363,860 as well as the Plaintiff’s annual rate of KRW 5% from January 28, 2016 to April 4, 2017.

Reasons

1. Facts of recognition;

A. (1) On October 23, 2013, the Plaintiff engaged in the business of making gold, etc. under the trade name “C” and the Defendant and the food processing machine parts of the sales machine (hereinafter “instant sales machine”).

) A contract stipulating that 100 sets of money shall be supplied as KRW 220,00,000 (including value-added tax) and as of November 4, 2013 on the delivery date (hereinafter “instant contract”).

(2) On October 25, 2013, the Plaintiff paid the Defendant KRW 220,000,000 in total, including the remainder of KRW 110,000,000,000, out of the price of the goods under the instant contract, and the remainder of KRW 110,000,000.

B. Of the sales fee 100 sets in this case, the case between 60 sets and 40 sets in the remainder was produced and supplied by the Defendant to the Plaintiff. Of the remaining 40 sets, the portion except the case was produced by the Carho Korea Co., Ltd. (hereinafter “Choby Korea”) and supplied to the Plaintiff on December 16, 2013.

C. In the name of the Defendant, the letter of undertaking dated August 21, 2014 was drawn up as follows:

The defendant and Kaho Korea undertake the following matters related to the settlement of accounts for the price of goods sold by the plaintiff food processing machine:

1. The claim amount for the cost of private material in the unit quantity of the claim by Canada Korea shall be agreed upon and adjusted to KRW 60,568,000 for the claim amount of KRW 60,568,000 for the 60,568,000 for the claim amount of KRW 60,568,000 for each 40,80,000 for each 11,432,000 for each 60,568,000 for each 5,00,000 won.

2. The defendant's performance shall pay 5,000,000 won (excluding value-added tax) for the amount agreed upon in two equal installments.

The date when the first settlement is implemented: 50%, August 28, 2014: 50%, and September 22, 2014.

1 Carho Korea supplied the Plaintiff with the instant 40 sets by the order of the Plaintiff as Daejeon District Court Branch 2014Kadan15961, which was not paid KRW 66,624,800, including value added tax, even though it had been supplied with the instant 40 sets.

‘A claim for the price of goods, etc.' has been filed, and the above court on 2015.

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