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(영문) 의정부지방법원 2018.08.22 2017가합57349
부당이득금
Text

1.(a)

Non-party D Co., Ltd (Representative Directors C) paid KRW 67,790,590 to Defendant C on January 30, 2015, and paid KRW 67,790,590 on January 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) is a company manufacturing D’s product, a streetlight and signal light pole (D’s product). Upon introduction by Defendant B, Defendant C had the right to operate the street light pole produced by the Plaintiff, but entered into a contract with the Plaintiff to receive a certain rate of commission for sales amount. Defendant C established the non-party company (the company was “stock company,” but the company was changed to its trade name as of August 2, 2013) on January 2, 2012. Defendant C was the representative of Defendant C, and Defendant B was the auditor. 3) on January 1, 2013. The Plaintiff notified the non-party company of the termination of the said contract. The non-party C’s claim against the Plaintiff for unpaid fees and damages against the Plaintiff (the non-party 2013Ga18328, Apr. 2, 2017; the court of final appeal against the Plaintiff 201, the court of final judgment against the non-party 196.71.27.27.

5) Accordingly, the Plaintiff paid 347,024,635 won (=490,878,129 won - 143,853,494 won) other than 143,853,494 won ( principal KRW 140,166,815 won for delay damages of KRW 3,686,679) granted by the appellate court, among the costs of KRW 490,878,129, - 143,853,494.

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