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(영문) 의정부지방법원고양지원 2019.05.15 2018가단90745

부당이득금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On July 30, 2015, the Plaintiff entered into a prior written consulting and manufacturing agreement with the Defendant (hereinafter “instant contract”) and received KRW 30 million from the Defendant following the following day. Specifically, the goods and services the Plaintiff agreed to provide to the Defendant under the instant contract are “the Plaintiff provided the Defendant with consulting on the location, design, manufacturing, etc. of the prior written license sold to the Defendant during the time, and the goods and services that the Plaintiff manufactured and supplied to the Defendant through another company, which was ordered by the Defendant.”

B. On September 2015, the Plaintiff and the Defendant, upon consultation, ordered the production of the instant product to the Plaintiff on the 10th of the same month, following the Defendant’s brand (hereinafter “D”), materials (c) and design, etc., sold in the city around September 2015. The Defendant ordered the production of the instant product to the Plaintiff on the 10th of the same month, and around that time, the Plaintiff requested China’s Limited Corporation (hereinafter “China Company”).

“Goods: Maglass and brand names made of the glyc gromatics: Category C, Type 4: 3,300, unit price: 25 USD, price of supplied goods: 82,50 USD, payment period: March 2016.

C. On December 7, 2015, the Plaintiff sent a invoice (INVIE) stating that “The Plaintiff will supply 3,300 products of this case to the Defendant by the end of March 2016,” and supplied at least 200 products of this case to the Defendant around February 2016.

On April 11, 2016, the Plaintiff notified the Defendant of “to manufacture and deliver 1,00 parts of the instant product in China on the 15th of the same month” by e-mail, and the following day, the Defendant’s e-mail prepared only one minute of the instant product to the Plaintiff on the 60∑C:

In ordinary, when the temperature in one place is 90·C, if the temperature in one place is 90·C, the whole quantity should be discarded.

“In response, a video is attached to it.”

E. From April 20, 2016, the Plaintiff was from April 201.