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(영문) 서울고등법원 2017.11.16 2017나2039892
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

The court's explanation on this part is the same as the "1. Basic Facts" in the judgment of the court of first instance, and thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Plaintiff’s assertion

A. On August 9, 2011, the Plaintiff succeeded to the instant contract between Ntex and the Defendant A from the date of Ntex to the date of Ntex, and provided the Plaintiff’s prescription on the manufacturing technology of cosmetics for which Ntex was being developed in accordance with the instant contract, as well as the cosmetics that the Plaintiff developed independently by himself/herself, and the Plaintiff’s new life group limited company in China (hereinafter “China”).

(2) The contract of this case or the same contents were terminated as it violated Article 4(8) of the contract of this case, such as the suspension of orders for seven raw materials from among the cosmetics without consultation with the Plaintiff, and the suspension of orders for all the products from around October 2014 to supply them to China. Even if the Plaintiff did not succeed to the contract of this case, Defendant A still supplied the raw materials to Chinese company using the Plaintiff’s prescription, and the Chinese company produced and sold cosmetics based on the Plaintiff’s prescription, and thereby, Defendant A incurred considerable loss to the Plaintiff’s profits from the Plaintiff’s prescription.

After the completion of the instant case, Defendant A prescribed the Plaintiff.

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