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(영문) 서울고등법원 2016.05.31 2015나15971

물품대금

Text

1. The plaintiffs' appeal as to the claim that was changed from the trial to the primary or preliminary one is dismissed in entirety.

2...

Reasons

1. Basic facts

A. The Plaintiffs, as island distributors, supplied books such as reference books to elementary, middle and high schools to the Defendant, and the Defendant sold the books supplied by the Plaintiffs on the Internet, through the Defendant’s website.

B. From March 31, 2007 to September 30, 2011, Plaintiff A supplied books equivalent to KRW 25,901,330,438 to the Defendant; Plaintiff B supplied books equivalent to KRW 12,830,583,069 to the Defendant from August 31, 2011 to March 31, 2014, when Plaintiff A completed the supply of books.

C. From January 13, 2006 to December 31, 2008, Plaintiff C supplied a total of KRW 19,69,082,556 to the Defendant; Plaintiff C supplied an island amounting to KRW 2,187,876,205 to the Defendant from January 15, 2009 to March 31, 2009; Plaintiff D supplied an island amounting to KRW 5,324,791,130 to October 25, 2010; Plaintiff C supplied an island amounting to KRW 2,187,876,205 to the Defendant from January 15, 2009 to March 31, 209; and Plaintiff C supplied an island amounting to KRW 5,324,791,130 to the Defendant from April 15, 2009 to October 25, 201; and Plaintiff D supplied an island amounting to KRW 310 to 314,29419.

Plaintiff

G from January 3, 2007 to December 31, 2013, G supplied the Defendant a total of KRW 20,100,448,993 books.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (if there are additional numbers, including each number; hereinafter the same shall apply), purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The defendant received monthly amount of money in the name of advertising expenses without legal grounds under the circumstance that there is only a basic advertising contract between the plaintiffs and the defendant as the main cause of the claim, and there is no individual advertising contract, and the specific contents of the advertisement contract are not confirmed. Thus, the defendant is unjust enrichment against the plaintiffs, and the "amount of claim" in the attached amount calculation sheet as unjust enrichment (the amount of claim