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(영문) 대구지방법원안동지원 2014.11.12 2014가단1935
부당이득금 반환
Text

1. The Defendant’s KRW 38,734,386 as well as the Plaintiff’s annual rate from March 15, 2013 to November 12, 2014, and the following.

Reasons

1. The plaintiff's assertion supplied ginseng to the Korea Ginseng Corporation in the name of the defendant, and the defendant received the ginseng payment from the Korea Ginseng Corporation and decided to deliver it to the plaintiff.

However, since the Plaintiff did not receive part of the ginseng price from the Defendant, it is claimed that the Defendant pay the ginseng price of KRW 38,734,386 and the solatium of KRW 30,000,000, in total, KRW 68,734,386 and damages for delay.

2. Determination on the claim for ginseng price

A. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, Eul evidence Nos. 1, 3, and 4, the plaintiff would cultivate ginseng to be supplied to the Korea Ginseng Corporation (hereinafter "Korea Ginseng Corporation") in the name of the defendant since 2007. The defendant agreed to receive ginseng price from the Korea Ginseng Corporation and deliver it to the plaintiff. The defendant agreed to receive 3,53,375 won on November 1, 201, and 17, 18,060,357 won on December 29, 201, 3,58,58,00 won in total, 17,171,732 won in total, and 300,000 won in total among the defendant's debt 1,500 won in accordance with the agreement between the defendant and the other defendant's debt 2,501,000 won in accordance with the above facts.

According to the above facts of recognition, the defendant is obligated to pay 38,734,386 won and damages for delay to the plaintiff.

B. Judgment on the Defendant’s assertion 1 is about KRW 38,300,000,000 to the Plaintiff.

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