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(영문) 서울중앙지방법원 2016.06.09 2015가단5300595
부당이득금
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. 1) On December 29, 2008, the Plaintiff is a building of the name “C” from the head of Geumcheon-gu Seoul Metropolitan Government on the ground A and B (hereinafter “instant building”).

2) The Plaintiff’s business related to the instant development project, which was approved by the Korea Industrial Complex Corporation to move into the real estate development project (hereinafter “instant development project”).

(2) While the construction of the instant building was commenced due to the economic depression of real estate, on July 2009, the Plaintiff received a letter of intent to move into the sub-place of business (automobile maintenance facilities) from D Co., Ltd. (hereinafter “D”), and the D sub-place of business is expected to have a high possibility of success in the instant development project due to the smooth selection of the contractor and the PF lending if the D sub-place of business moves into the instant building, but the type of business that can move into the instant building at the time was limited to manufacturing business, it was difficult to move into the D sub-place of business, which is the automobile maintenance facilities.

3) On March 9, 2010, the Plaintiff entered into a contract with the E Attorney-at-law to commission legal advisers to resolve the issue of approval for occupancy of the instant building at D branch offices (hereinafter “the first contract”). At the time, E had friendship with the competent ministry F, the Korea Industrial Complex Corporation G, and the Seoul Regional Director of the Korea Industrial Complex Corporation, etc., and the Korea Industrial Complex Corporation would obtain approval for occupancy from the said Korea Industrial Complex Corporation. On June 2010, E requested the Plaintiff to request a new legal adviser appointment contract with the Defendant, while E had the Plaintiff worked for the Defendant Law Firm. The Plaintiff entered into a new legal adviser appointment contract with the Defendant on July 2010 with the remaining amount of KRW 10 million and KRW 200 million (hereinafter “the second contract”).

2. The Defendant paid KRW 100 million in advance.

Afterward, the Plaintiff, in consultation with E, would enable the approval of the occupation of the deputy office in the instant building on November 3, 2010.

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