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(영문) 서울중앙지방법원 2015.02.13 2014가합11616

부당이득금

Text

1. The Defendant: (a) KRW 917,686,021 to the Plaintiff; and (b) KRW 5% per annum from March 10, 2014 to February 13, 2015 to the Plaintiff.

Reasons

The plaintiff is a distribution-specialized company that operates department stores, such as NC department stores, New Cocoll, 2001 Paplet, etc., and Pulll, and the defendant is a garment manufacturing company that manufactures and sells clothing brand "Sol" as its main business.

On September 13, 2010, the Plaintiff transferred goods produced or supplied by the Plaintiff to the Defendant to be sold in the department stores, diskettes, online shopping malls, etc. owned or managed by the Plaintiff, or in the department stores, diskettes, online shopping malls, etc. owned or managed by a third party (hereinafter “business site”), and the Defendant entered into a business and logistics interim management contract with the content that the Plaintiff performs the duty of product management and sales and pays the sales proceeds to the Plaintiff.

On September 13, 2010, the Defendant did not pay the Plaintiff the sales proceeds of the goods sold in the outside store after concluding the above business and the distribution intermediary management contract. The sum of the sales proceeds of the outside store that the Defendant did not pay to the Plaintiff is KRW 678,798,745.

Upon concluding a strategic partnership contract, the Plaintiff and the Defendant purchased the Plaintiff’s brand goods, and had the Plaintiff sell them again to the Defendant in accordance with the above business and the interim logistics management contract.

The above business and interim logistics management contract entered into between the Plaintiff and the Defendant was terminated on August 31, 2013. Accordingly, the Plaintiff returned the goods that the Defendant was entrusted to the Defendant, among the goods purchased from the Defendant, to the Defendant, and the Defendant was unable to pay the goods price for the goods returned to the Plaintiff. The Defendant sold the goods returned to the third company and paid the sales price to the Plaintiff.

The Defendant returns part of the goods returned from the Plaintiff to Nonparty 1, who is the head office of the “Late”) brand, and also goods.