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(영문) 서울고등법원 2016.12.08 2016나2006567
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) On March 12, 1999, the Defendant, with the approval of the Mayor of Seoul Special Metropolitan City on March 12, 199, shall be a joint wholesale market D in Seoul Special Metropolitan City (hereinafter “instant joint wholesale market”).

(2) Plaintiff A is a wholesale market corporation established and operated by Plaintiff A. (3) from July 2006 to September 2008, 2008, which held office as representative director from January 14, 2005 to October 29, 2007.

Upon being designated as an intermediate wholesaler in the name of the Plaintiff Company from October 2008 to December 2, 2012, the Plaintiff Company was designated as an intermediate wholesaler at the instant joint wholesale market from October 2008 to operated the intermediate wholesale business among fishery products with each active fish as its main item. The Plaintiff Company is the representative of the Plaintiff Company.

B. 1) Operational structure of the instant joint wholesale market is largely composed of intermediate wholesalers and direct distributors. In the event that it is not an intermediate wholesaler, the instant joint wholesale market was relatively limited in leasing stores located within the instant joint wholesale market. 2) In principle, the instant joint wholesale market was entrusted by the Defendant to a local distributor to sell agricultural and fishery products to the intermediate wholesalers through the Defendant’s certified auctioneer, and the commission commission rate was increased from November 1, 2009. The sales commission rate was increased from the sales commission rate of 3.5% to November 1, 2009. The sales commission rate was paid to the local distributor after deducting the Defendant was paid to the local distributor, the interest rate was zero if the sales price was paid from the intermediate wholesaler within 15 days from the date of the transaction, and the sales price was 12.5% per annum to the amount within the limit of 15 days prior to January 31, 2007.

It takes the form of operation in which the amount exceeding the trading limit is paid by adding the overdue interest of 14.5% per annum.

However, while the auction of the fish at the instant joint wholesale market was frequently conducted, the number or scale of auction of the fished fished fished is not limited, and the Defendant proceeds with the auction of the fished fished fished from the second floor of the instant joint wholesale market.

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