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(영문) 전주지방법원정읍지원 2016.05.24 2014가단6655
매매대금 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to Plaintiff A’s claim

A. As to the claim for remuneration under the delegation agreement of the Plaintiff A, the Plaintiff and the Defendant agreed to entrust the management of the affairs of the Plaintiff’s work that the Defendant had resided in a Chinese single round area and the Defendant agreed to purchase from D, a Chinese farmer, to the Incheon Port, and to pay the remuneration calculated by the ratio of USD 30 per ton per ton of the bals of the bals of the bals of the bals of the bals of the Republic of Korea in return.

Pursuant to the above agreement, Plaintiff A performed the work of importing 102 tons from D from October 2014 to November 5, 2014.

Therefore, the defendant is obligated to pay the plaintiff A US dollars 3,060 (=102 tons x 30 US/metric) and damages for delay due to the above delegation agreement.

B) As to the claim for restitution of unjust enrichment, the Defendant paid USD 88,740 to D as the price for the return of 102 tons of Balgos (i.e., USD 102 x USD 870 metric tons). Of them, only USD 69,006 was paid, and USD 19,734 was not paid. Accordingly, on November 5, 2014, the Plaintiff paid USD 125,000 to D on behalf of the Defendant ($ 20,128) in China on behalf of the Defendant. Accordingly, without any legal cause, the Defendant gains at least the above USD 19,734 without any legal cause, and the Defendant is liable to pay the Plaintiff the above USD 19,734 as the return of unjust enrichment and the delay damages therefrom. 2) As to the Defendant’s assertion, the Defendant concluded a contract with the Plaintiff with the Plaintiff only purchased the 19,734 U.S. dollars per ton of Balgos.

Even if the Defendant entrusted the Plaintiff with the purchase of the balspath, the remuneration for the delegation is included in USD 870 per ton, which is the purchase price for the balspath, and does not separately agree to pay the remuneration.

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