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(영문) 서울중앙지방법원 2016.01.15 2015가합532356

부당이득금

Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 330,000,000 and its amount from December 21, 2012 to June 4, 2015.

Reasons

1. Facts of recognition;

A. On December 2012, the Plaintiff and the Defendants concluded a service contract with the following content:

(hereinafter referred to as the “instant service contract”) The main contents of the instant service contract are as follows: (a) Defendant B, the sole shareholder of the Plaintiff, Defendant A, and Defendant A, entered into a service contract pursuant to the C police station transfer project and the transfer of business rights in order to ensure the successful implementation of the project and the transfer of business rights.

Provided, That the promotion of this project shall be conducted in the name of Defendant A, and after entering into a written agreement between C police station and Defendant A according to this project, Defendant A shall take over by the Plaintiff and promote this project under the responsibility of the Plaintiff.

Article 1 (Purpose) The purpose of this Agreement is to provide for matters necessary for the process of implementation in transferring to the Plaintiff the “business of developing or selling the site for the existing C police station following the new construction, relocation and transfer of the Gyeonggi C police station, which is promoted by Defendant A Co., Ltd. (hereinafter “A”).

Article 2 (Opening of Business)

1. Business name: New construction, relocation and existing site development project of the Gyeonggi Police Station;

2. Location: D in a luminous time;

3. Site area: 9,305 square meters (around 2,814 square meters);

4. Owner: National Police Agency.

5. District area: The scope of services provided by Defendant A under Article 3 (Scope of Services) of the General Commercial Area shall be as follows, and matters necessary for additional services or services after the term of this service contract shall be determined in writing in consultation with the Plaintiff and Defendant A:

1. Securing sites for relocation of the C police station;

(a) Examination of the site subject to relocation and consultation with the police station;

B. Promotion of the purchase of the previous site (Provided, That the purchase of the site and the new construction of the C police station shall be responsible for the Plaintiff as the transferee of the business right)

(c) Conclusion of a contract for the relocation site;

2. Review of authorization and permission for new construction sites of the C police station;

(a) Examination of a new plan;

(b) Examination of authorization and permission following new construction of a police office in the relocation site;

3. Estimated amount of appraisal by newly constructing the C police station and by transferring the existing site of the C police station;