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(영문) 창원지방법원마산지원 2017.04.05 2014가합918
부당이득금
Text

1. The Defendant jointly with C, with the Plaintiff, as to KRW 1.2 billion and KRW 600 million among them, from June 14, 2013.

Reasons

1. Basic facts

A. On June 14, 2013, the Plaintiff entered into a consulting service agreement (hereinafter “instant consulting agreement”) with C Co., Ltd. (hereinafter “C”) and D projects promoted by the agency in charge of the Indonesia Free Zone (hereinafter “E”) as follows.

C provides the Plaintiff with general advice upon the Plaintiff’s request so that the Plaintiff may receive part of the E, and provide C with local data research and information necessary for E, on the basis of 10% of the contract amount of the part of the Plaintiff’s implementation (subcontract subcontract amount), and in return for the execution of this agreement, the total amount of the consulting fees paid to C by the Plaintiff in return for the execution of this agreement shall be 15% of the contract amount of the E subcontracted amount performed by the Plaintiff, the Plaintiff shall transfer the consulting contract with C, the principal business proposer (referring to the Defendant) of this project, and the contract amount of one billion won on the same day immediately after the execution of the work agreement with C, to the account designated by C, and the remaining amount shall be KRW 2 billion after visiting Indonesia, and one billion after the announcement of this case shall be paid.

B. In addition, at the office of the defendant headquarters on the same day, the plaintiff and C entered into a business agreement with the non-party F on behalf of the defendant as the team leader of the defendant's business one team (hereinafter "the instant business agreement") on behalf of the defendant as follows.

In order to increase common interests in participating in E, the plaintiff and the defendant mutually cooperate based on their capabilities and technical capabilities owned by the plaintiff and the defendant, respect their rights and obligations to promote the successful project, and the plaintiff and the defendant mutually support the business for E, exchange their business information, exchange their business-related data, and the plaintiff who provides the information on the business for the defendant's Eths, provided 10% of the contract amount between the plaintiff's prior disbursement business expenses (C consulting expenses) and the plaintiff's contract amount.

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