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1. The Defendant shall pay to the Plaintiff KRW 83,103,100 as well as 5% per annum from December 1, 2013 to March 17, 2016 and from the next day.
Reasons
1. Facts of recognition;
A. On September 1, 2013, the Plaintiff, who runs the opening and sales business of a mobile phone, concluded an agreement with the Defendant on the sales and opening of the mobile phone that the Plaintiff was supplied at LEL Plus, and the Defendant received fees from the Plaintiff and paid the Plaintiff subsidies to the customers detained by the Defendant.
B. From August 16, 2013 to November 15, 2013, the Defendant paid a total of 83,103,100 won from the Plaintiff during the period from August 16, 2013 to November 15, 2013, but did not pay a subsidy received from the Plaintiff to the customers, and the customers who opened a mobile phone through the Defendant terminated the contract or paid a subsidy again by the Plaintiff.
[Grounds for Recognition]
2. According to the above facts of recognition, the defendant has a duty to pay to the plaintiff 83,103,100 won in an amount equivalent to the above fees as unjust enrichment since the defendant did not perform his/her duty under the business agreement with the plaintiff, and to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from December 1, 2013 to February 1, 2016, the delivery date of a copy of the complaint of this case, which is the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Conclusion, the plaintiff's claim of this case is justified.