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(영문) 서울중앙지방법원 2016.07.08 2015가단5032960

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 12, 2012, the Plaintiff entered into a sales agency contract with the Defendant with the following terms (hereinafter “instant contract”).

The name of the product: The defendant shall pay 20 million won advance payment to the defendant within 10 days from the date of receipt of the above surety insurance policy, and the defendant shall purchase and process products equivalent to one of the parties to the contract, receive orders, confirm payment, and enter the goods into the warehouse designated by the defendant, and submit advance payment to the plaintiff for the smooth production and supply of products under this contract under the premise that the plaintiff shall perform the duty under this contract. The defendant shall purchase and dispose of products equivalent to one of the parties to the contract, and pay 10 million advance payment to the plaintiff within 10 days from the date of receipt of the above surety insurance policy, and then submit the relevant surety insurance policy to the defendant within 10 million advance payment to guarantee the return of advance payment, and the defendant shall additionally pay 20 million advance payment to the plaintiff within 10 days from the date of receipt of the above surety insurance policy, which shall be paid by one of the parties to the contract by 20% from the expiration date of the contract to 10% of the purchase price of products and 120% from the expiration date of the contract.

may be extended upon the written consent of the other party to the agency and, unless there is no separate declaration of intention, shall be terminated on the date of termination of the contract.

B. The plaintiff under the contract of this case to the defendant.