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Reasons
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(영문) 서울고등법원 2016.09.29 2014나2019309
부당이득금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 11, 2011, the Plaintiff: (a) organized a coffee business TFT and promoted a capsule-type coffee development project; (b) submitted proposals on coffees using tin-type heat from the Defendant to March 201; and (c) entered into a service contract with the Defendant on January 25, 2011 with the following contents (hereinafter “instant service contract”); and (d) paid a service fee of KRW 165 million (including value-added tax) to the Defendant on February 11, 201.

Article 1 (Purpose) “B” (Defendant’s C Research Center) provides a business proposal (design and Product Development Consulting) service to “A” for the smooth promotion of the proposal, and “A” shall provide service fees to “B”.

Article 2 (Contents of Services) The contents of services provided by “B” are as follows:

1. Development of a capsul-type coffee type and coffee type ( model of 2 type type sul-type sule type - machine type - machine type sul-type sule type - machine type sule type ;

2. Development of Es presses and self-spon-spon type designs;

3. Development of new capsules;

4. Article 3 (Service Fees) (1) of the consulting on the development and production of machines to which the development design is applied, shall be 150,000,000 won per day.

(2) Time: 100% within 10 days after the contract is made. (3) Where the development design is not applicable to the production of coffee, "A" may cancel the contract, and "B" shall bear the obligation to reinstate.

Article 7 (Term of Contract) The term of validity of this Agreement shall be three months from the date of conclusion of the contract.

From December 28 to March 28, 2011)

B. At that time, the Defendant provided the Plaintiff with the design of the capsule-type coffee, and applied the Acrox (hereinafter “Acrox”) to the Acrox (hereinafter “Acrox”) which had the tin-crox technology applied to the boiler.

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