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(영문) 인천지방법원 2021.02.18 2020가단211039
부당이득금반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff and the defendant agreed to sell and divide profits from the manufacture of cosmetics by making one half of the total amount of contributions, but the defendant did not claim 16,640,000 won paid by the plaintiff to the plaintiff for the manufacture of the contents of the cosmetics (30,000 won paid by the plaintiff for the manufacture of the contents of the cosmetics (74,605,974 won to be returned to the plaintiff on November 3, 202) since the plaintiff paid 1,41,670 won to the plaintiff for the manufacture of the contents of the cosmetics, the defendant did not claim 16,640,000 won to the plaintiff for the manufacture of the contents of the cosmetics (the plaintiff's unjust profits that the defendant should return to the plaintiff on November 3, 2020) since 74,605,974 won paid by the plaintiff for the manufacture of the contents of the cosmetics for the manufacture of the cosmetics, 300,000 won.

2. However, there is no dispute between the plaintiff and the defendant as to the fact that the plaintiff and the defendant agreed to carry on a business of manufacturing and selling cosmetics and they manufactured some cosmetics. However, even if the defendant did not distribute the cosmetics sales proceeds to the plaintiff, the defendant's claim for settlement of accounts on the ground of withdrawal from the cooperative or claim for distribution of profits and losses under Article 711 of the Civil Act is separate from the claim for distribution of profits and losses under Article 711 of the Civil Act. Such fact alone

It is difficult to see that the Plaintiff cannot claim for the return of the amount equivalent to the investment cost to the Defendant with unfair benefit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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