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Reasons
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(영문) 서울중앙지방법원 2017.01.11 2016가합5066
부당이득금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (the indication of goods);

1. Names of goods: Group B: Rights for special bearer life clubs;

2. Amount of transaction: KRW 300,000,000 in daily gold 3,300,000 (including VT): KRW 3,000,000 in daily gold (including 3,000,000) (2) consulting cost: KRW 300,000 in daily gold 3,000,000 in daily gold (including VT) / [Purpose of the contract] Article 1 of the Credit Guarantee Fund (including 300,00,000,000) (including VT) / [Purpose of the contract] The Agreement “A” requests “B” to purchase one unit of a bearer corporate member, and “B” shall recommend this membership and determine the conditions for acting for the trading.

Article 2 [Matters of Consultation] (1) The first sale amount of the B consortium special life club membership rights recommended by “B” to “B” shall be KRW 30 billion per day, and the number of the unit units of the Gu shall be 10 units in total.

② In golf membership transactions, the market price of the B/L-based special bearer club membership rights is approximately KRW 00 million.

(3) The term "B" shall recommend "A" to have a corporate member of the Special Weapons of B, and shall make a transaction by proxy by matching the purchase amount with the initial sale amount.

(4) The term "B" shall enter into such a consulting contract as an agent for a transaction to "A" under financial favorable terms.

On April 21, 2008, the Plaintiff and the Defendant concluded a trade agency contract (hereinafter “instant contract”) with the following contents mediating the Plaintiff’s B/L admission to the instant golf club (hereinafter “instant golf club”).

(A) The term “A” and “B” mean the Defendant). (b)

As a broker of the Defendant, on April 24, 2008, the Plaintiff entered into a membership agreement with Ilong Development Co., Ltd. operating the instant golf course as a member of VIP (hereinafter “instant membership agreement”) and paid the amount of KRW 3 billion.

C. On April 24, 2008, the Plaintiff paid KRW 15 million to the Defendant as an intermediary fee and KRW 300 million as a consulting fee.

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