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(영문) 서울고등법원 2019.07.24 2018나2041519
부당이득금
Text

1. Of the judgment of the first instance, including the Plaintiff-Counterclaim Defendant A’s claim on the principal lawsuit that was expanded by this court.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as stated in Paragraph 1 of the reasoning of the first instance judgment, except where the lower court used two parallels at the seventh or eighth level of the 7th instance judgment as follows. As such, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“1) The Defendant sold a total of 108 households as shown in the attached Form 1 pursuant to the instant sales agency agreement, and received the payment of KRW 11,00,000 (including value-added tax, unless otherwise mentioned; hereinafter the same shall apply) from the above 108 households as sales agency fees paid at the time of a fixed contract (hereinafter “contract fees”).

Meanwhile, among the above 108 households, 96 households (including the households treated with sound records among the households listed in attached Table 1) confirmed the first and the third intermediate payment record, but the Defendant received only 85 households among the above 96 households with the sales agency fee of KRW 5,500,000 paid at the time of the first intermediate payment record (hereinafter “the first intermediate payment fee”) and did not receive the first intermediate payment fee for the remaining 11 households. In addition, the Defendant stated the above 96 households with the advertising campaign fee of KRW 7,70,000 paid at the time of the third intermediate payment record (title 1 as the advertising expenses, but its substance is the sales agency fee as determined later; hereinafter “third intermediate payment fee”).

Articles 1 CK 16,50,000 and 2AH 11,000 and 3AD 11,000,000 and 4 AK AL 11,500,000 and 5K 16,500,000 and 6 AP 11,000,00,00 and 7 PP 16,500,500,000 and 88,00,000 and 16,50,00, 00, 00, 16,50, 00, 000, 00, 00, 16,50, 00, 000, 00, 16,50,000, 00, 00, 000, 10,000, 100, 1000, 106, 106,005, 000.

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