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(영문) 수원지방법원 2015.10.08 2015나13697
부당이득반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is as follows: (a) while selling clothes at the Defendant’s recommendation of the Defendant, who is the multi-level company selling clothes, the Plaintiff was deprived of the Defendant, and paid KRW 9 million to Blis Korea Co., Ltd. (Blis Korea); (b) however, the Plaintiff suffered losses, such as being unable to receive clothes from blis Korea; (c) thereby, the Defendant gained profits; and (d) accordingly, the Defendant should pay the Plaintiff the money stated in the purport of the claim due to compensation for damages arising from the tort or return of unjust enrichment.

B. The Defendant deceptioned the Plaintiff.

As to whether the plaintiff's assertion or the defendant obtained profits in relation to the above nine million won of the plaintiff's assertion, it is not sufficient to acknowledge it even after examining all the evidence of the plaintiff's submission, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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