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(영문) 서울중앙지방법원 2016.11.23 2016나47484
편취금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant agreed that the Plaintiff and the Defendant purchased greens from foreign countries and gave them to the Plaintiff.

The Plaintiff paid KRW 2.3 million to the Defendant on June 9, 2014 at its case cost.

B. On June 26, 2014, the Defendant purchased flin in a foreign country and gave the Plaintiff the purchase of flin, but (hereinafter “the first purchase”) did not appear in mind, and received a return of flin on July 31, 2014. C. The Plaintiff and the Defendant decided to purchase flin in a foreign country again, and the Plaintiff paid 8,300 flin to the Defendant on August 5, 2014. D. The Defendant purchased flin in a foreign country and delivered it to the Plaintiff on August 15, 2014 (hereinafter “second purchase”).

After that, on August 26, 2014, the Plaintiff revoked the purchase of Bain, and the Defendant returned Bain from the Plaintiff and returned it to the seller abroad.

F. The Defendant spent 2,502.21 f. transportation expenses, etc. in the course of return following the purchase and cancellation of the second purchase.

G. On November 30, 2014, the Plaintiff demanded the Defendant to return the 8,300 percentage paid to the Defendant in relation to the second purchase by December 1, 2014.

H. On June 22, 2015, the Defendant deposited KRW 7,098,548 with the Plaintiff as the principal deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the plaintiff paid KRW 2.3 million to the defendant at the purchase cost of the loan, but the defendant did not purchase the loan to the plaintiff and thus the defendant unjustly obtained profit from the case cost of KRW 2.3 million, and thus the plaintiff must return this to the plaintiff.

Since the Plaintiff did not agree to bear the transportation cost, etc. in relation to the purchase, the Defendant must return to the Plaintiff 8,300 oil.

The plaintiff is until December 1, 2014.

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