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(영문) 서울서부지방법원 2020.05.22 2019나40762
부당이득금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

In the judgment of the court of first instance of the lawsuit, the part of the "claim of 7740,00 won which is not included in the scope of the judgment of the court of first instance" is excluded from the part of the "claim of 774,00 won

1. Basic facts

A. On August 11, 2017, the Plaintiff entered into a service contract with the Defendant for the production of an online homepage and mobile (including hydphone and hydphone) with a production cost of KRW 25 million (hereinafter “instant contract”). Under the said contract, the Plaintiff paid KRW 10 million to the Defendant on August 14, 2017 and the intermediate payment of KRW 7.5 million on October 13, 2017, and KRW 550,000 for additional development cost on February 2, 2018, respectively.

B. The Plaintiff entered into a contract of this case with the Defendant to be supplied with the instant products for the production of e-mail, a method to increase corporate credibility and awareness and stimulate their desire by voluntarily publicizing certain enterprises or enterprises' products through radio media, such as e-mail, brogs, and carpets. The Plaintiff is a company whose main business purpose is to provide services related to e-mail, a large influence on the website of e-mail, a social network service with a large number of thousand thousands, a user of a social network service, and a single-person broadcasting operator, etc., which are related to e-mail, and a contract of this case with the Defendant for the production of e-mail (hereinafter “D”; hereinafter “the results of this case”).

C. In order to comply with the above use of the outcome of the instant case, the result of the instant case’s main function is to use the service, and to use or purchase “the function of accumulating F Points through E’s good needs, comments and arms,” and “F,” thereby good in its account.

In order to increase comments on comments and arms.

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