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(영문) 서울중앙지방법원 2014.08.21 2013가합89827
부당이득금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. At the time, the Jeju Special Self-Governing Province Development Corporation (hereinafter “ Jeju Development Corporation”) promoted the business of exporting Jeju Jeju-do Jeju-si to Gu. At the time, there was an open bid for a new distributor, and the Plaintiff, on two occasions on December 2, 2012 and December 21, 2012, made a fluent test on the Defendant’s representative director, etc. on the proposal of Jeju-do-Udju Strategy System.

The parties involved in the defendant are fully satisfied with the plaintiff's pulse test, and "the right to participate in the bid with a thickness and receive the successful bid and enter into a consulting contract". The compensation was promised to the effect that it would be satisfactory.

At the request of the defendant, the plaintiff had been sending the frigrology data, and the defendant has discussed about the conclusion of a consulting contract by asking the plaintiff a successful fee.

B. However, on December 29, 2011, the Defendant notified that it would not enter into a unilaterally consulting contract, and thereafter, the Defendant is currently running a three-dimensional distribution business with the Plaintiff’s idea and information as well as the flueme data to participate in the tri-party open bid and receive the winning of the tri-party distribution right.

C. The defendant gains profit from the misappropriation of the plaintiff's idea, and the plaintiff believed to conclude a consulting contract with the defendant and suffered loss from losing the opportunity to execute the consulting contract with other competitors. The defendant claims the return of KRW 1 billion as part of the unjust enrichment earned by the defendant.

(State Claim). (d)

The defendant provided the plaintiff with legitimate trust that the consulting contract will be concluded in a clear manner, and acted in accordance with the trust of the plaintiff, but committed an illegal act refusing to conclude the contract without reasonable grounds.

Therefore, a part of the damages suffered by the Plaintiff due to the above tort is sought for the payment of KRW 1 billion.

(Preliminary Claim) 2. Determination

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