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(영문) 서울중앙지방법원 2016.06.09 2015가단2285
부당이득금
Text

1. The Defendant: (a) KRW 27,219,590 for the Plaintiff and KRW 20% per annum from November 20, 2014 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a multi-level seller of cosmetics, and the defendant is a member of the sales personnel registered with the plaintiff company.

B. Members of the Plaintiff Company will receive a certain amount of sales allowance from the Plaintiff upon purchasing the goods of the Plaintiff Company.

C. The method of ordering the goods to the Plaintiff Company is, in addition to the method of settling the price of the goods after first placing an order for the goods, the goods are first settled with a credit card, etc. before placing the order, and the goods are ordered within the limit of the amount settled in advance by using the approved number granted thereby.

Plaintiff

On September 14, 2013, B, a member of the Plaintiff Company, requested approval of KRW 1,234,567,890 with his/her credit card for the purpose of verifying the method of settling goods through the Plaintiff Company’s computer network. In fact, even if the Plaintiff Company’s settlement was made normally in KRW 12,345,00,000, due to an error in the settlement system, the Plaintiff Company’s settlement system was electronically processed as a normal settlement, and thus, the C’s number of approval for settlement for the said amount (hereinafter “instant approval number”).

E. After becoming aware of the aforementioned circumstances, D, a member of the Plaintiff Company, purchased the Plaintiff Company’s goods from November 4, 2013 to February 28, 2014 using the instant approval number and acquired the said goods and sales allowances therefor from November 4, 2013 to February 28, 2014. Ultimately, as a result of such crime, D, who was sentenced to imprisonment of two years and six months at the Changwon District Court on April 21, 2016, is still pending in the appellate trial.

F. Meanwhile, as D purchased the Plaintiff’s goods under the Defendant’s name, the Defendant received sales allowances of KRW 27,219,590 from the Plaintiff Company from November 201, 2013 to February 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 31, and pleadings.

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