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(영문) 서울중앙지방법원 2016.05.27 2015나52458

물품인도등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except in the following sub-paragraph (2). Thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Grounds for the decision of the court of the first instance.

The Plaintiff runs red ginseng sales business under the name of “G” in the name of “C” in the name of “G” in the Dongdaemun-gu Seoul Dongdaemun-gu Seoul, under the name of “I”. Defendant B operated the agency of Defendant Korea Ginseng Corporation (hereinafter “Defendant Korea Ginseng Corporation”) on the first floor of the H building in Gangnam-gu Seoul, and did not operate now, and Defendant C is operating the agency of Defendant Korea Ginseng Corporation under the name of “K” in the Dongdaemun-gu Seoul, Dongdaemun-gu Seoul.

Part IV of the decision of the court of first instance shall include "A/B or 10 evidence (including paper numbers)" in paragraph 21 of the decision of the court of first instance, and shall add "A/B of the witness M of the court of first instance".

From Nos. 5 to 7 of the judgment of the court of first instance, “The plaintiff is engaged in red ginseng sales business, so it is not distributed among the cities, and one person holds a large quantity of merchandise coupons (total face value of KRW 83,380,00) with a duty of due care in transaction to verify whether the merchandise coupons are legitimately issued by means of investigating the source, acquisition circumstances, etc. of the seller when purchasing KRW 51,197,00 with a lower face value than 70-75% of the face value in ordinary transaction.”

From 6th to 7th to 3th to 6th to 10th to 6th to 10th to 7th to 10th to 7th to 1st, the unjust enrichment system imposes an obligation to return the unjust enrichment on the benefiting party on the basis of the ideology of fairness and justice in a case where the benefiting party does not have a legal cause