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(영문) 서울남부지방법원 2018.08.17 2017가단241967
부당이득금
Text

1. The Defendant calculated 50,500,000 won with respect to the Plaintiff and 15% per annum from July 25, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On October 30, 2015, the Plaintiff filed a lawsuit against the head of Incheon Customs Office seeking revocation of the Plaintiff’s imposition of 8% customs duties on the Plaintiff’s PLC CPU. However, on March 30, 2017, the final final and conclusive by the final appeal on March 30, 2017, and the Incheon District Court D, Seoul High Court E, and the

F. Action seeking revocation of a disposition imposing customs duties (hereinafter referred to as “action seeking revocation of disposition”);

b) The Defendant was indicted on November 13, 2014 on the charge of the violation of the Radio Waves Act that imported and sold equipment without undergoing conformity assessment for manufacturing and selling broadcasting and communications equipment, etc. (Seoul Southern District Court H), and each fine of KRW 500,000 was sentenced in formal trial proceedings (the Plaintiff’s suspended sentence), and on December 29, 2016, the Plaintiff’s final appeal was dismissed and the sentence became final and conclusive (Seoul Southern Southern District Court I, Seoul Southern District Court J, K, and K) (hereinafter “violation of the Radio Waves Act”).

(C) The Defendant was a defense counsel for the Plaintiff and his representative G in the above formal trial procedure and appellate trial. Meanwhile, the Plaintiff’s defense counsel for the Defendant, the Plaintiff’s KRW 20,000,000 on March 22, 2016, KRW 10,000 on May 13, 2016, KRW 15,000 on August 19, 2016, and KRW 50,500,000 on December 23, 2016 (hereinafter “the instant money”).

(A) paid the Company. [Grounds for Recognition] The Company shall not have dispute, Gap evidence No. 1, Eul No. 1, Eul No. 1, 2, 3, 10, 11 (including virtual numbers).

2. The assertion and judgment

A. 1 Plaintiff’s assertion that the Defendant paid KRW 50,500,000 to the Plaintiff for the purpose of advance payment concerning revocation of disposition for imposing customs duties and fees for violation of the Radio Waves Act, but all of the lawsuits for revocation of disposition for imposing customs duties and cases for violation of the Radio Waves Act were lost, and thereafter, the Defendant agreed to return KRW 50,500,000 to the Plaintiff.

Therefore, the defendant paid 50,500,000 won to the plaintiff as advance payment.

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