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(영문) 수원지방법원 성남지원 2018.06.05 2017가합405732

부당이득금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 18,664,800 to the Defendant (Counterclaim Plaintiff) and its related amount from August 9, 2017 to June 5, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 31, 2013, the Plaintiff and C City entered into an agreement on the operation and management of E and D (i.e., incineration facilities, food resource-making facilities, and resident convenience facilities) owned by C and C (ice listing).

B. On December 31, 2013, the Plaintiff entered into an agreement with C City on the operation and management of ice listing (hereinafter “ice listing”) entrusted by C City, with the operation and management of ice listing (hereinafter “instant ice listing”). The Plaintiff entered into an agreement with F Co., Ltd. (hereinafter “F”).

C. (1) On June 12, 2015, the Defendant entered into a contract with F to acquire all rights and obligations regarding F’s business from F. Accordingly, on June 24, 2015, the F requested the Plaintiff to approve the transfer of all the status under the re-entrustment agreement entered into in the instant clause (b) to the Defendant. 2) On June 30, 2015, C City approved the replacement of the trustee of the instant ice listing to F upon the said request of the Plaintiff on June 30, 2015.

On July 1, 2015, the Plaintiff entered into an agreement on the operation and management of the ice listing (hereinafter “instant ice listing agreement”) between the Plaintiff and the Defendant on July 1, 2015, following C City approval, and entered into a sub-entrustment agreement on the operation and management of the ice listing (hereinafter “instant ice listing agreement”). The main contents are as follows.

Article 3 (Period of Entrustment) (1) The total period of this Convention shall be one year and six months from July 1, 2015 to December 31, 2016.

(2) Annual contracts shall be concluded.

Article 5 (Operating Expenses) Operating expenses shall be KRW 203,076,00 per year (excluding value-added tax).

Article 14 (Termination of Agreements) (1) The plaintiff shall enter into an agreement when any of the following grounds arises to the defendant: