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| TITLE | [Repayment of Transfer Fee . Transfer Fee]Supreme Court Decision 2002Da6951, 6968 Delivered on June 24, 2004 [full Text] |
|---|---|
| Summary | |
| [1] The case affirming the ruling of the court below that the payment of half of the transfer fee, pursuant to the contract to agree to join the professional football team of the owner, to the professional football player entitled to half the transfer fee in the event of transfer to an overseas team is in the nature of compensation for both joining the team for the first time and rejoining the team in the event of return from an overseas team [2] Whether the court may enter a judgment as to damages by considering as a whole circumstantial facts revealed by the result of examination of evidence and the purport of the whole pleadings, in the case where it is hard to establish definite amount of losses due to ambiguous nature of the case although the occurrence of losses arising out of nonpayment of pertinent monetary obligation is acknowledged (affirmative) [3] The case affirming the ruling of court below that acknowledged part of the award as compensation for the Defendant's failure to return to the Plaintiff's team as proprietary losses and determined the specific amount of the losses as 300,000,000 won, after considering all of the relevant circumstances, due to difficulty establishing the specific amount of the loss, in of the case where the Plaintiff, the owner of the professional football team, sought the return of half of the transfer fee on the ground that the football player who received half of the transfer fee at the time of transfer to an overseas team joined another team after return to Korea against the existing agreement between the parties | |
