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(영문) 부산지방법원 동부지원 2018.11.07 2017가단203147
부당이득금
Text

1. As to KRW 50,084,00 and KRW 19,000 among them, the Defendant shall pay to the Plaintiff KRW 50,000,00 from January 12, 2016, and KRW 31,084,00.

Reasons

1. Facts of recognition;

A. A. Around May 2014, the Plaintiff entered into a business agreement and paid subsidies for promoting the Plaintiff’s business (i) the Plaintiff’s business agreement with the Defendant on the creation of a project for creating a Jeju-Nam General Industrial Complex (hereinafter “instant business agreement”).

In order to smoothly carry out this Agreement, the Plaintiff shall deposit KRW 50,000,000 to the account designated by the Defendant as part of the Defendant’s expenses incurred in carrying out its business activities.

2) The subsidy granted by the Plaintiff to the Defendant under Paragraph 1 above shall be 20% at the time of the contract for the entrustment of compensation for the Jeju-nam General Industrial Complex, 30% at the time of completion of the investigation of obstacles, and 50% at the time of completion of the transfer of ownership of land and land.

3) Since the money under the above paragraph (1) is delivered on the premise that an entrustment contract is concluded, the defendant shall make every effort to conclude an entrustment contract with the plaintiff for the compensation business for the Gangnam General Industrial Complex. If an entrustment contract for the compensation business is not concluded without any cause attributable to the plaintiff, the defendant shall immediately refund the full amount.

2) On May 12, 2014, the Plaintiff: (a) pursuant to Article 5 of the instant Work Agreement, KRW 50,000,000 for business promotion subsidies to the Defendant (hereinafter “instant subsidies”); (b)

B) Around July 22, 2014, the Plaintiff entered into an entrustment contract and paid part of the commission fee of the Defendant) with the Defendant to act on behalf of the Defendant for the compensation of the land, etc. to be incorporated into the “Unam General Industrial Complex Development Project” (hereinafter “instant entrustment contract”), and the main contents thereof are as follows.

Article 2 (Entrusted Affairs) The entire duties of compensating for the land and obstacles within the zone of a project for creating a common industrial complex in South-North Korea. Article 3 (Scope of Entrustment) The defendant shall entrust the following duties to the plaintiff:

1. Formulation, public announcement, and perusal of an indemnity plan;

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