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1. Plaintiff 1 as to the primary claim of the money that orders payment under the judgment of the court of first instance.
Reasons
1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and such part is acceptable.
(Article 420 of the Civil Procedure Act). 2. Summary of the Plaintiff’s assertion
A. As the representative of the instant consortium, the Plaintiff, who is delegated with the affairs, such as the application for permission for a key telecommunications business under the Telecommunications Business Act by the members of the instant consortium including the Defendant, was in charge of managing the said affairs. From July 2011 to December 31, 201, the Plaintiff spent expenses of KRW 3,108,040,293 in total from July 31, 201.
Therefore, the defendant is therefore entitled to Article 5 (3) or 6 (1) (c) of the Operating Guidelines of this case to the plaintiff.
Of the above amount paid by the Plaintiff as disposal costs of delegated affairs pursuant to this item, the Plaintiff has the obligation to pay 1,048,048,385,408 won [3,108,040,2930 won x 35,300 won / [213,937,937,000 won / [213,937,0000 won / [35,300,000 won 145,000,000 won 145,000,000 won / 200,000 won / 200,000 won / 200,000,000 won / 1,000,000 won / 200,000,0000 won ,000,0000 won)] and damages for delay under each of the above obligation.
B. Preliminary Claim 1) The Defendant, G, H, F, and Lconsium, a member of the instant consortium, agreed to bear the costs associated with the application for permission for a key telecommunications business operator and C’s business in proportion to the amount invested. The instant operational guidelines were terminated due to the failure to obtain permission for a key telecommunications business operator. The members, including the Defendant, were exempted from the burden equivalent to the percentage of their investment amount out of the costs incurred by the Plaintiff in the course of performing the representative’s duties in the instant operational guidelines. Accordingly, the Defendant is obliged to return the Plaintiff’s total costs equivalent to KRW 1,048,385,408, and408, equivalent to the Defendant’s investment amount out of KRW 3,108,040,293, which were incurred by the Plaintiff, as unjust enrichment.