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(영문) 서울남부지방법원 2019.02.14 2018나57443

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim (including the part extended by this court) is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures clothes, etc. and sells them to domestic home shopping companies, and the Defendant is a person who sells clothing wholesale and retail business in the trade name of “D.”

B. The Plaintiff and the Defendant agreed on July 11, 2016 between the Plaintiff and the Defendant to pay the product investment amount (hereinafter “instant agreement”) with the Defendant on the following terms:

- The Plaintiff entered into a contract with the Defendant on July 12, 2016 and August 4, 2016, with an investment of KRW 300,000,000 for total amount of KRW 300,000,000 for brand E at 2000 and to sell it through F from the end of August 2016 to the end of October 10 of the same year. - With respect to the above products broadcast from F, the Plaintiff shall enter into a tax invoice of KRW 10,00 for total amount of KRW 30,000 for total amount of KRW 80,000 for total amount of KRW 10,000 for total amount of KRW 20,000 for total amount of KRW 30,000 for total amount of KRW 60,00 for total amount of KRW 30,00 for broadcasting and value-added tax and KRW 20,000 for total amount of KRW 60,70,000 for broadcasting and other charges.

3. In addition, the Plaintiff sold the above clothes from F, and thereafter sold them to the Defendant on September 19, 2016, KRW 800,000, KRW 150,000 on September 21, 2016, KRW 50,000 on September 23, 2016, KRW 50,000 on September 23, 2016, KRW 119,80,000 on September 28, 2016, and KRW 22,214,00 on October 26, 2016.