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(영문) 대법원 2020.05.14 2017다220058
부당이득금
Text

1. Of the part of the lower judgment against the Plaintiff, KRW 25,682,219,512 against the Defendant and its related thereto.

Reasons

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment regarding the instant case and the evidence admitted by the lower court reveals the following facts.

The defendant was selected as a successful bidder on September 7, 2005 by participating in an international tendering procedure that sells approximately 50% of the B mining area (hereinafter “the instant mining area”) located in the part of the Republic of mentmen (F and hereinafter “F”) located in the part of the Republic of mentmen (hereinafter “the instant mining area”) in which the F company (F and hereinafter “F”) is a national business of the Republic of mentmen (hereinafter “the Republic of mentmen”).

B. Around July 11, 2006, the Defendant implemented a bid to sell a maximum of 20% of the 50% equity shares in the instant mining area to not more than two domestic companies (hereinafter “instant bid”).

The defendant selected the first 1st company that presented the highest compensation ratio as successful bidder if there are three or more companies participating in the bidding of this case, and recommended the second 2nd company to purchase the remainder of 5% shares in the same compensation ratio as the first company, and the second 2nd company to purchase them in the same compensation ratio as the second 1st company, and the second 5th company will select as successful bidder the second 5th company.

C. Four companies, including the Plaintiff and K (hereinafter “K”), participated in the instant bidding. The Plaintiff presented the highest compensation ratio of 205% (i.e., 100% of the equity purchase price) and after K presented the highest compensation ratio of 120.99% (i.e., 100% of the equity purchase price).

On October 2, 2006, the Defendant selected the Plaintiff as a successful bidder on October 2, 2006, and after K consented to purchase at the same compensation ratio as the Plaintiff, on October 19, 2006, K was selected as a successful bidder of 5% shares.

On May 30, 2007, the Defendant purchased 50% equity interest in the instant mining area from F in USD 55,100,000 from F, and the above contracts, such as “Basic Agreement” and “Joint Operation Agreement”.

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