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(영문) 서울중앙지방법원 2020.09.10 2020가단5027375
부당이득금
Text

1. The Defendant’s KRW 30,000,000 as well as annual 6% from February 2, 2018 to February 14, 2020 to the Plaintiff.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 8, the plaintiff entered into a business agreement with the defendant on December 12, 2017, setting forth all necessary matters, etc. for the operation of the encrypted Exchange Co., Ltd. based on the technology provided by the defendant (hereinafter "the business agreement of this case"). Under the business agreement of this case, the defendant takes charge of all development and engineering of the encryption Exchange System and bears the duty of maintenance and repair of the system. Under the business agreement of this case, the plaintiff paid down payment and development support expenses to the defendant on February 30, 2018 and 5,000,000,0000 Japan on April 9, 2018. However, the defendant did not provide the plaintiff with any outcome or schedule related to the development of the encryption Exchange System, which is the defendant's duty under the business agreement of this case, to the defendant on December 30, 2019.

According to the above facts, the business agreement of this case was legally rescinded by the plaintiff's expression of intent to cancel the contract on the ground of the defendant's default.

Therefore, the Defendant’s restoration following the cancellation of the instant agreement to the original state: ① KRW 30,00,000, and the Plaintiff’s payment of the said money to the Defendant from February 2, 2018 to February 14, 2020, calculated by the rate of 6% per annum under the Commercial Act, and damages for delay calculated by the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment; ② Japanese currency 5,00,000, and damages for delay calculated by the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment; and ② from April 9, 2018 to the date when the copy of the instant complaint was served to the Defendant from February 14, 2020, and the next day to the date of full payment.

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