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(영문) 서울중앙지방법원 2016.01.15 2014가합25479

부당이득금반환

Text

1. The Defendant’s KRW 586,623,40 as well as the Plaintiff’s KRW 6% per annum from May 22, 2014 to January 15, 2016, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation with the objective of general distribution business and franchise store business. The Defendant is a corporation with the objective of arranging various transportation business, multimodal transport business, etc. (2) The small and medium enterprise distribution center of the non-party corporation (hereinafter “small and Medium Enterprise Distribution Center”) is a public institution affiliated with the Small and Medium Business Administration established for the purpose of expanding markets for small and medium enterprises and supporting small and medium enterprise distribution business, such as the promotion of products of small and medium enterprises, exhibition business, mail order, electronic commerce transaction business, home shopping expense business, and consignment sales business. Since 2005, the points points submer operated by credit card companies, etc. such as credit card cards and rain cards, etc. means the Internet shopping mall where the credit card customers can purchase goods using credit cards, etc.

The points sunset business is a business that sells goods or provides services in points, and the credit card company delegates the relevant duties to a distribution company such as the plaintiff or the small and medium enterprise distribution center in carrying out the points sunset business.

A distribution company entrusted with a points landing project shall obtain a ID and password necessary for access to the internal computer network from the credit card company and handle all the affairs, such as the receipt of orders from customers of the credit card company, procurement of goods, and delivery, and receive the fees determined according to the results.

The supply of small and medium enterprise products to be sold is supplied.

3) A, B, and C (hereinafter collectively referred to as “D”), together with three companies, and each of “A”, “B”, and “C”.

(B) The Plaintiff and the small and medium enterprise distribution center are companies engaged in the sales of goods purchased from the small and medium enterprise distribution center on behalf of the small and medium enterprise distribution center, and each actual operator is E. (b) The Plaintiff and the small and medium enterprise distribution center around August 2005.