logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.25 2019가단9572
부당이득금반환
Text

1. The defendant shall pay 22,57,000 won to the plaintiff and 12% per annum from May 3, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 26, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase a ship with the following content (hereinafter “instant sales contract”).

The estimated volume to be purchased: 10 cubic units for purchase (1,00 tons per unit, approximately 100 tons): 35,000,000 won for total purchase: 35,000,000 won for down payment and down payment: 15,000,000 won for the supply and the payment date of the remainder on May 26, 2018: Until June 30, 2018; 20,000,000 won for the remainder;

B. According to the instant sales contract, the Plaintiff paid the Defendant a down payment of KRW 15,000,000 on May 26, 2018, and KRW 20,000,000 on June 30, 2018, respectively.

C. However, on June 30, 2018, the date of the instant sales contract, which was June 30, 2018, the distribution date under the instant sales contract, the Defendant supplied to the Plaintiff only the distribution of 26,980km in total, by supplying the distribution trends of 16,980km on July 16, 2018, the distribution trends of 7,990km on July 24, 2018, the distribution trends of 3,920km on August 14, 2018, the distribution trends of 3,920km on August 14, 2018, and supplied the Plaintiff only the distribution trends of 26,980km on August 16, 2018.

Accordingly, the Plaintiff and the Defendant decided to cancel the non-supply trend of the instant sales contract on January 17, 2019. On the same day, the Defendant returned KRW 3,000,000 out of the price that the Plaintiff received from the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Gap evidence No. 3-1, 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, barring any special circumstance, the Defendant: (a) 22,557,000 won remaining after deducting KRW 3,00,000,000, out of the amount that the Plaintiff received from the Defendant, the amount that the Plaintiff received from the Defendant (i.e., KRW 73,020 x 350 won) from the Plaintiff; (b) and the amount of said KRW 25,557,000,000 (i.e., KRW 25,557,000 - KRW 3,000), which is obvious from May 3, 2019 to the date following the date of delivery of a copy of the complaint of this case sought by the Plaintiff.

arrow