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대구지방법원 2019.04.04 2018나306476
부당이득금
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who, under the trade name of C, attracts customers to join a communications company and receives business fees from his/her customer.

B. Around November 2012, the Defendant entered into a contract on entrustment of business with the Plaintiff, and had the Plaintiff attracts Internet visitors through telephone advertising, etc. and received fees from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, each entry of evidence Nos. 270 through 277, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion was that the defendant did not perform his/her duty to additionally pay cash certificates to the customer of a communications company affiliated with the defendant's commission, or to manage the customer detained for a certain period of time. The plaintiff, on behalf of the defendant, paid cash certificates to the customer detained by the defendant, and recovered business fees received from the communications company due to the termination of the contract of the customer detained by the defendant.

Therefore, the defendant asserts that the plaintiff is obliged to pay 16,021,000 won in total with unjust enrichment or damages for delay.

3. However, the evidence alone submitted by the Plaintiff is obligated to additionally pay cash goods to the customer of the communications company as the commission that the Defendant received from the Plaintiff.

It is insufficient to recognize the fact that the sales commission claimed by the Plaintiff or was recovered from the telecommunications company was recovered by the Defendant due to the termination, etc. of the contract held by the Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

4. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal and the claims extended by this court are all dismissed. It is so decided as per Disposition.

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