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(영문) 서울중앙지방법원 2015.11.03 2014나57920
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company entitled to establish and operate food and beverage stores within the event site by the Organizing Committee (1).

(2) The Defendant is a person who engages in wholesale and retail business of bank appliances with the trade name of “C”.

B. On December 201, 201, the Plaintiff entered into a contract with the Defendant to give the Defendant a contract (hereinafter “instant contract”) for the work of installing a main organ in an international official B, 106, 107, and 108, international official D, 101, and underground 103, underground 106, complex convenience facilities B, C, and BGO test (hereinafter collectively referred to as “each of the instant stores”).

C. The Plaintiff and the Defendant agreed to remove the kitchen installed by the Defendant after the expiration of the period of each of the instant burial business (hereinafter “instant restitution agreement”) and reinstate the said plant before its establishment (hereinafter “instant restitution agreement”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination as to the cause of claim

A. (1) The Plaintiff’s assertion (1) that the Defendant asserted did not implement the instant restitution agreement, and instead, the Plaintiff executed the restoration work on behalf of the Plaintiff.

In addition, the defendant did not remove pipelines installed in 103 underground so that they did not remove the pipes 103 underground promptly, and the plaintiff recovered them from the costs and disposed of wastes.

The Plaintiff disbursed 23,708,625 won (23,263,00 won) as the construction cost of restitution to its original state + 101 of international official Ddong 106 + 2,268,250 won £« 6,01 of complex convenience facilities B, C, BIG O testing work £« 12,159,00 won such as construction cost of recovery to the collapsed ground.

The defendant shall return the above KRW 23,708,625 to the plaintiff as unjust enrichment.

However, the Plaintiff: (a) the amount of supplied goods to the Defendant: (b) the arbitral award amounting to KRW 3,095,302 based on the arbitral award No. 1211-0209 of the Arbitration Act, April 8, 2013, which was rendered on April 8, 2013.

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