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(영문) 대구지방법원 2020.06.12 2019가합201659
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and selling motor vehicle parts. The Defendants are married couple and are engaged in the business of selling and installing machinery in the trade name D.

B. On March 9, 2017, the Plaintiff entered into a contract with the Defendants to purchase 1,530,000,000 won (excluding value-added tax of KRW 153,00,000) of presses machinery 19 and NC levelr (hereinafter “instant machinery”) (hereinafter “instant contract”) as follows (hereinafter “instant contract”).

Serial 160's 40's 400's 80's 60's 400's 600's 400's 600's 400's 600's 600's 0000's 219,00000's 2500's 160,0000 1600's 1600's 0000000 3250's 250's 63,0000's 600's 600's 600's 600's 600's 600's 600's 700's 80's 000's 000's 400's 600's 700's 200's 200'

C. On March 2017, the Plaintiff applied for a loan guarantee to the Police Credit Guarantee Fund for the preparation of the purchase price of the instant contract. On April 26, 2017, the Credit Guarantee Fund issued to the Plaintiff a letter of credit guarantee, the amount of which is KRW 1,350,000,000, as the guaranteed amount.

From May 4, 2017 to June 2017, Defendant B delivered the instant machinery to the Plaintiff and completed the installation of the said machinery. From April 4, 2017 to August 22, 2017, the Plaintiff paid Defendant B KRW 1,220,000,00 as the purchase price for the instant contract.

The Plaintiff and Defendant B, on November 16, 2017, paid the remainder of the purchase price of the instant contract in KRW 336,00,000.

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