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(영문) 서울중앙지방법원 2020.12.15 2020가단5213121
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. (hereinafter “C”) is a company that entered into an agency contract with Korea Post in connection with postal return information services conducted by Korea Post and operated the D Center and E Center.

B. On May 25, 2016, the Plaintiff entered into an agreement with C on the acquisition of the right to the system, such as database facilities related to the operation of the postal return information service business, to KRW 300 million (30 million, including value-added tax), and paid C the remainder of KRW 110 million on May 30, 2016 and KRW 220 million on June 21, 2016.

(c) The existing agency contract between Korea Post and C was maintained until April 6, 2017, and entered into a new agency contract between Korea Post and the Plaintiff on April 6, 2017.

The defendant is a creditor of C, Korea Post, and Korea Post.

The fee paid to C in connection with the existing agency contract in this subsection was collected and received 3,478,00 won.

E. Meanwhile, the defendant was above B.

Of the systems referred to in paragraph (1), the first speed automatic scanner DS-100 (2) was determined to seize corporeal movables, and the Plaintiff filed a lawsuit of objection against the third party by Seoul Eastern District Court 2018Gahap10435 (Seoul Eastern District Court 2018Gahap10435). From September 26, 2016, the above court accepted the Plaintiff’s claim on the ground that the Plaintiff received the above scner by delivery and acquired its ownership by means of the occupancy revision.

On the other hand, the defendant appealed and appealed, but all of them were dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Summary of the plaintiff's assertion 1. E

As seen in this paragraph, since around September 26, 2016, the Plaintiff acquired the ownership of the Capital, the fee that the Korea Post pays to the return information service using the Capital shall also be acquired by the Plaintiff.

Nevertheless, such.

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