양수금(부당이득금)
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.
1. The following facts do not conflict between the parties, or each entry in Gap evidence 1 to 3, Eul evidence 1 to 1, Eul evidence 2, and Eul evidence 2 to 4 may be admitted respectively by integrating the whole purport of the pleadings:
On or around July 2014, the Plaintiff, a limited liability company located in China, requested the Defendant to establish a Korean corporation of the Transboundary Investment Group on behalf of the G Transportation Yuzhen Investment Group (hereinafter “Yuzhen Investment Group”). Accordingly, around October 10, 2014, the Defendant presented a commercial invoice (Evidence No. 2, No. 15,493.50) to provide the services to the Plaintiff and the Transboundary Investment Group with the contents of “foreign-invested company’s establishment, foreign investment report, business registration, and all related services,” and to provide the services to the Plaintiff and the Transboundary Investment Group as “US 15,493.50,” with the service cost “US 15,493.50,”
(B) A service contract between the Plaintiff and the Defendant regarding the establishment of a Korean legal entity of the Suwon Investment Group through the Plaintiff’s request and the Defendant’s commercial dispatch letter (hereinafter “instant service contract”).
On October 22, 2014, the Suwon Investment Group remitted USD 15,462.43 ($9.60,000,000) to the bank account under the name of the defendant as the service price under the instant service contract.
C. On July 15, 2015, the Korea Pule International Co., Ltd. (hereinafter “Korea Pule International Co., Ltd”) which is a Korean corporation of the Pule Investment Group (hereinafter “Korea Pule International Co., Ltd”) was established with 1,16 stories (Tulkdong) as its head office.
2. In light of the fact that the Plaintiff did not have knowledge about the establishment of a corporation, and that there was a poor situation in the situation of Korea, the Defendant set the amount exceeding 5,500,000 won (including value added tax) which is a reasonable service price in light of the Defendant’s service’s service work between the hydrogen Investment Group and the Defendant as service price.