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(영문) 수원지방법원 2016.02.18 2015가합4699

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) KRW 220 million, as well as 20 million, annually from August 25, 2015 to September 30, 2015; and

Reasons

1. On November 201, 2013, the Plaintiff recommended the Defendant, a company that is engaged in the business of golf trading, which is a company for the purpose of importing and distributing sports supplies, to look at the golf products business. On February 20, 2014, according to the Defendant’s introduction, on February 20, 2014, the Plaintiff entered into a total of KRW 220 million per 1,100,000 (including value-added tax) for purchase of KRW 22,200,000 per 1.1 billion for the above company and the above company paid KRW 20,000,000 to the Plaintiff.

At the time when the Plaintiff entered into the instant contract, the Defendant: (a) was not manufactured in Japan; and (b) did not intend to exclusively supply the instant product to the Plaintiff; (c) Nevertheless, the Plaintiff had no difficulties in secondary and third imports because the instant product was sold well at a golf club (RCV); (d) as a Japanese product, the unit price per set at KRW 1,100,000 shall be set at KRW 1,100,000; and (c) by deceiving the Plaintiff by false means, the said product was supplied exclusively to the Plaintiff; and (d) concluded the instant contract and paid the said purchase price to the said company.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 220 million as compensation for damages arising from such unlawful act and damages for delay calculated at the rate of 20% per annum from August 25, 2015 to September 30, 2015, the day following the delivery of the complaint, as sought by the Plaintiff, to September 30, 2015, and 15% per annum from the next day to the day of full payment.

The statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be reduced from 20% per annum to 15% per annum.