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(영문) 서울중앙지방법원 2014.06.17 2013가단252864

손해배상 및 부당이득금 반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. As a lawsuit in this case, with respect to a supply contract in the amount of KRW 300,00,000,000, which was entered into with the Defendant around September 2012, the Plaintiff violated the Defendant’s duty of delivery period, method, and public relations, and caused various damages, such as deceiving the Plaintiff on various offenses related to the public relations effects of the aforementioned monthly publication, such as inducing the Plaintiff, and allowing the Plaintiff to pay rent for storage of the monthly publication received through the above contract. As such, the Plaintiff filed a separate claim against the Plaintiff for the payment of the above price of supply and making unjust enrichment. Accordingly, the Defendant is obligated to pay the Plaintiff the damages and unjust enrichment amounting to the above KRW 45,00,00,000, which is equivalent to the above price of supply, as part of the damages and return of unjust enrichment.

2. In light of the records Nos. 1 to 10, the Plaintiff’s assertion and the records Nos. 1 and 2 alone, in relation to the above monthly supply contract, the Defendant inflicted damage on the Plaintiff by violating the supply contract or the obligations incidental thereto.

It is difficult to see that he/she has obtained unjust benefits or benefits.

3. The plaintiff's claim is dismissed.