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(영문) 서울서부지방법원 2020.11.06 2019가단209928
부당이득금
Text

All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) The term “pathet” means a cargo bet which can be accumulated and stored in a certain size and unit and can be easily transported by storing cargo. It is a distribution device that enables a business entity to consistently carry out distribution operations, such as transportation, transportation, storage, etc. using on board a vehicle, etc. without any dismantling or transshipment work, in the case of shipping or transshipment of the goods to his/her customer.

B. The Defendant carried on a business of lending softs to a business proprietor, and thus, the Defendant created an independent system of “Pallet Plool” in relation thereto.

In other words, the Defendant’s soft use contract is largely divided into “Gu Plett” and “Plett for transport,” and, in the case of “Gu Plett,” the Defendant’s customer, did not use it only at his/her place of business and take it out from the outside, imposed a certain amount of fees per month on the Defendant’s customer, and in the case of “Plett for transport,” the Defendant’s customer is used at the time when the Defendant’s customer, delivers the goods to his/her customer. If the contracting party notifies the Defendant of the volume necessary for the delivery to the customer, the Defendant may bring the volume into the contract office and deliver the goods (if it is sufficient to use the content set in the contract office’s place of business, the Defendant may deliver the goods by using the content set in the contract office, and if it notifies the Defendant of the volume of the distributed from the location and the delivery of the goods to his/her customer, the Defendant may recover the amount from the contract office’s customer.

C. A Co., Ltd. (hereinafter “Rehabilitation”) entered into a license agreement with the Defendant to use a soft pool with the following content:

Each of the 209 contracts is referred to as “the 2009 contract,” “the 2013 contract,” and “the 2017 contract,” respectively. The unit price of the goods shall be the cost of storage and transportation.

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