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(영문) 부산지방법원 2018.10.16 2017가단314850
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' assertion

A. The Plaintiff’s assertion (i.e., the Plaintiff opened and operated an online shopping mall from November 2013 to C (hereinafter “C”) with the trade name “C” in the cartoo channel, and suggested that the Defendant started to work together with the Defendant who had relations with the Plaintiff at the time, and began to work in C from June 2014.

The plaintiff was in charge of the whole process from the opening stage of the shopping mall to the direct purchase, delivery, and tax payment of goods, and the defendant is in the same business relationship to divide profits earned by the method of management of the bulletin board and consultation about the shopping mall.

(Plaintiff’s assertion to the effect that, although the Plaintiff is not a simple club business, the Defendant also has a business relationship within the meaning of allocating the remainder except the Defendant’s contribution to the operation of the shopping mall, as much as the Defendant has contributed to the operation of the shopping mall. * Professor, however, the Defendant arbitrarily created the account related to the operation of the shopping mall, i.e., e., the Plaintiff’s spambrid deposit passbook (hereinafter “dud deposit passbook”) in the name of the Plaintiff, and the Defendant’s bank passbook in the name of the Defendant who managed the sales revenue in cash, and deposited the following contents.

㈎ 2015. 1.경부터 2016. 10.경까지 합계 668,790,000원을 피고가 개인적으로 개설한 SC스탠다드차타드 통장으로 송금하였을 뿐 아니라 두드림 통장에서 우리은행 통장으로 239,720,000원을 송금하였다.

㈏ 피고는 2016. 1.부터 2017. 3.까지 우리은행 통장에서 피고 명의 SC스탠다드차타드 통장으로 합계 411,770,530원을 송금하였고, 그 중 합계 194,113,572원을 원고의 계좌로 송금하였다.

x) The defendant must return all the money reverted to the defendant's individual account in accordance with the business agreement agreed with the plaintiff to the shopping mall account in the name of the plaintiff. However, the defendant is in the sense of settlement of the business relationship.

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