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(영문) 서울중앙지방법원 2015.11.12 2014가단5137516
부당이득반환 등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 1, 2011, the Defendant concluded a publication transaction agreement with the Plaintiff with the following content.

1) According to the Plaintiff’s order, the Defendant issued publications and other products (hereinafter “books”) issued by the Defendant to the Plaintiff.

(2) The supply rate of the books supplied by the Defendant to the Plaintiff is 80%.

3) Contract term: From June 1, 2011 to May 31, 2012, the period of contract is automatically extended to one year if there is no mutual objection. B) The Plaintiff was in default on January 3, 2012, and the Defendant returned the books supplied by the Defendant to the Plaintiff as the Plaintiff’s eroper storage and sowing storage immediately after the return of the books. (c) As of January 2, 2012, the outstanding amount against the Defendant was KRW 1,892,862,300 (i.e., KRW 317,00,000 (= KRW 300,000,000,000), and the Defendant was paid to the Defendant with KRW 17,00,000,000 as deposit deposit, KRW 20,000,000, 3000,000, 300,000 evidence, 30,000 evidence, and 30

2. Determination

A. The plaintiff's assertion 1) The plaintiff asserts that the plaintiff's liability 2,12,862,301 won against the defendant (=1,892,862,301 won 220,000,000 won - deposit 17,000,000 Seoul Guarantee Insurance deposit, 30,000,000 won for return of books, 1,173,387,834 won for books, 718,250 won for unclaimed books, 4,118,450 won, and added 107,82,821,8443 won to the defendant (i.e., 1,892,862,390,000 won for books, - 32,0790,810,740,740,750,000 won for unclaimed books, -1305 won for sale of books, 3607,4501.7

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