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(영문) 광주지방법원 2018.11.14 2017나64162
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for this part of the underlying facts are stated by the court which cited the relevant part of the reasoning of the first instance judgment in accordance with the text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The reasoning for this part of the Plaintiff’s assertion is as follows: (a) according to the text of Article 420 of the Civil Procedure Act, the relevant part of the reasoning of the first instance judgment is cited.

B. 1) Determination as to the assertion of non-performance of a contract requires agreement between the parties to the contract and the opposite expression of intent in conflict with the other party’s offer and acceptance. However, since the contract may be terminated explicitly and implicitly, the lack or renunciation of intent of both parties to the contract after the contract accords objectively with the contents expressed in both parties’ expression of intent, it is reasonable to interpret that the contract was terminated implicitly by the consent of both parties not to realize the contract (see, e.g., Supreme Court Decision 200Da5336, 5343, Jan. 24, 2003). In light of the following facts and circumstances, the Plaintiff and the Defendant agreed to publicize the contract of this case from around 00 to February 13, 200, the sales amount of KRW 1, 25-1, 3, and 10 to 13, respectively, from around 000 to February 18, 2015, the Defendant paid the contract of this case to the Plaintiff from around 000 to February 15, 200008.

② On August 7, 2015, the Defendant sent to the Plaintiff the document under the title “a contract termination agreement” by e-mail, and the said document is concluded with the termination of the instant publicity entrustment agreement.

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