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(영문) 수원지방법원 2018.06.28 2017나70144
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the production of blus and the manufacturing of recorded media, etc., and the Defendant is a person who runs the business of voice iceing, etc. of video works under the trade name “B.”

B. On June 2016, the Plaintiff received a request from the Japanese Company C, etc. for the supply of an animation disc disc in 70 minutes containing a Japanese language voice. The Plaintiff entered into a contract for the production of animation (hereinafter “instant contract”) upon requesting the Defendant to carry out the said animation video work by requesting the Japanese voice ice, and the main contents of the said contract are as follows.

D B A

C. The Defendant’s production and delivery of video works are provided by the Plaintiff with video works and Japanese translations, and the Defendant employed workers directly interested in the said video works to perform the Japanese ice work and delivered the Plaintiff the video works (hereinafter “the instant video works”) around August 2016.

The Plaintiff’s payment of service fees to the Defendant on June 29, 2016 and the same year.

9.2. Each 10,000,000 won paid 20,000 won as service price.

E. On September 2016, the Plaintiff: (a) supplied video works received from the Defendant to a Japanese company; and (b) notified the Plaintiff that the said video works could not be supplied after verifying the product.

The company above stated that the company "it shall not use works because it does not ice any longer by requesting a foreigner (the presumption of Korean sex) who is likely to use Japanese language, which is not a kind of sexual intercourse, to do so."

[Basis] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1-2, Eul evidence 1-2, Eul evidence 1-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserted by the parties concerned, "The defendant supplied the video works of this case with defective defects and properly performs the duty under the contract of this case.

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