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(영문) 서울중앙지방법원 2015.04.09 2014가단5203222
부당이득금
Text

1. The Defendants are 25,00,000 won to each Plaintiff and 20% per annum from December 25, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 18, 2014, the Plaintiff, upon introduction by Defendant C (hereinafter “Defendant Company”), entered into a transfer-to-door sales contract with Defendant B (hereinafter “instant contract”) with the content that the management of the SK Telecom cell phone store is to be carried out (hereinafter “instant contract”) and remitted KRW 25 million to the Defendant Company’s account on February 20, 2014 as the fee under the said contract.

B. However, the Defendant Company was not a company with the right to sell or manage the SK Telecom cell phone, and the Plaintiff, who became aware of this, concluded an entrustment contract for the sale of SKT radio products with the niel Marc, 197 with the company with legitimate authority.

C. On March 20, 2014, the Plaintiff agreed to refund KRW 25 million, which was paid under the instant contract, between Defendant C and D, and April 30, 2014.

(hereinafter “instant agreement”). D.

The Plaintiff notified the Defendant Company that the contract of this case was revoked on the ground of deception by serving a duplicate of the complaint of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of determination, since the contract of this case was lawfully revoked by the plaintiff's declaration of revocation made on the ground of the defendant's deception, the defendant company is obligated to refund the fees already received as unjust enrichment, and the defendant D and C are obligated to pay the agreed amount to the plaintiff pursuant to the agreement of this case. Although the above obligations of the defendants occurred due to separate causes, they have the same economic purpose, and the other party's obligations are extinguished by repayment, etc. with respect to the overlapping parts, and thus, the other party's obligations are also extinguished.

Therefore, the Defendants seek to each Plaintiff KRW 25,000,000 and the Plaintiff’s claim therefor.

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