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(영문) 서울중앙지방법원 2017.01.11 2015가단69455
손해배상 및 부당이득금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Defendants asserted by the Plaintiff are operating Company D, which is engaged in the business of manufacturing promotional vehicles and sirens between husband and wife, and selling vehicles for promotional activities for at least 13 years.

The Defendants did not pay to the Plaintiff 10% of the sales amount or 30% of the sales amount, even though they promised to make and sell promotional vehicles for election campaign at the 6th nationwide election campaign conducted on June 4, 2014 (hereinafter “the 6th local election”), and did not pay the Plaintiff 10% of the sales amount or 30% of the sales amount. ① The Defendants seems to have made a clerical error in the amount of KRW 60,34,700 in total, including office fees, office expenses, and other expenses to be paid by the Defendants, as shown in attached Form 1(a) through (v).

() The Plaintiff paid KRW 15,519,700 to the Plaintiff. ② In collusion with E, F, G, etc. to file a wage claim lawsuit against E, E, and E, the Seoul Western District Court 2014 Ghana524, the Defendants paid KRW 33,806,105 (i.e., KRW 25,918,575, KRW 7,887,530).

Therefore, the Defendants jointly and severally pay the total amount of damages or unjust enrichment to the Plaintiff. Of them, the Defendants seek payment of KRW 92,594,105, which is a part of them, and damages for delay.

2. Therefore, the judgment is not sufficient to acknowledge the Plaintiff’s substitute payment of expenses such as office rent, etc., E, F, and G, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim for damages and claim for return of unjust enrichment premised on this premise is without merit.

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

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