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(영문) 서울중앙지방법원 2015.04.03 2014가합54118
부당이득금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 105,00,000 as well as 20% per annum from February 4, 2015 to the day of complete payment.

Reasons

1. Indication of claim;

A. The Plaintiff entered into each sales promotion service contract (hereinafter “each service contract of this case”) with the content of receiving products from the Defendant and operating stores under the name of the Defendant (hereinafter “instant sales service contract”).

The period of operation of the store name on the date of the contract between January 26, 2014 and January 26, 2014, B from January 26, 2014 to February 28, 2015, C from February 26, 2014 to February 26, 2014.

The Plaintiff paid the following money to the Defendant for the performance of each of the instant service contracts:

Serial Nos. 5,00,000 B down payment 20 on January 28, 2014, 201 for the store and payment purpose: (a) 30,000,000 goods price of 30,000 goods on January 29, 2014; and (b) 45,50,000,000 mancates cost on February 26, 2014; and (c) 5,50,000 C goods price of 5,50,000 C goods price of 5,200,000 total 105,00,000,000

C. Meanwhile, each of the instant service contracts stipulated that the Plaintiff received the sales amount from the Defendant on the 25th day of each month (Article 2(b) of the Special Agreement). The Defendant failed to perform its duty to pay the sales amount, and the Plaintiff sent content-certified mail to the Defendant on March 26, 2014, stating that the Plaintiff did not receive the sales amount.

Therefore, each of the above services contracts was terminated on February 3, 2015, when the complaint stating the contents of the rescission of each of the instant services contracts was served on the Defendant. Thus, the Defendant is obligated to pay the Plaintiff, as the duty to restore to the duty of restitution, the amount of KRW 15 million in total, and the damages for delay calculated at the rate of 20% per annum from February 4, 2015 to the date of full payment, which is the day following the day when the copy of the complaint of this case, seeking the payment of the said amount, was served on the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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