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(영문) 부산지방법원 2018.01.09 2017가단315402
부당이득금
Text

1. The Defendant’s KRW 62,727,272 as well as the Plaintiff’s annual rate from January 30, 2015 to May 4, 2017.

Reasons

1. Facts of recognition;

A. On March 15, 2013, the Defendant entered into a contract with the National Armed Forces Finance Management Agency to manufacture and supply the separation machine of the flowing water for the ship (hereinafter “instant first bidding contract”), and concluded a contract to manufacture and supply the separation machine of the flowing water for the ship (hereinafter “instant second bidding contract”) with the Defense Acquisition Program Administration on April 19, 2013.

B. On April 5, 2013, the Defendant entered into a contract under which all the production and supply of the separation period of flowing water under the bidding contract of this case (hereinafter “instant contract”) with an ample-, ample-, and ample-, Inc. (hereinafter “Nonindicted Company”) and entered into a contract under which the two separate period of flowing water under the bidding contract of this case was awarded to the Defendant on May 15, 2013 (hereinafter “instant contract”).

C. On May 16, 2013, with Nonparty Company and Defendant as the insured, the Plaintiff entered into each guarantee insurance contract (in sequence, “net 1 guarantee insurance contract” or “net 4 guarantee insurance contract”, and, in general, “each of the instant guarantee insurance contracts”) as follows, provided that the Plaintiff shall pay the insurance proceeds to the Defendant where the Nonparty Company fails to perform its obligations under the instant 1 and 2 contract, which are the principal contract:

With respect to the instant 1 contract, each guarantee insurance contract was concluded for Nos. 2 and 3, and each guarantee insurance contract was concluded for Nos. 1 and 4 in relation to the instant 2 contract.

Serial No. 100-00-2013 013 6232,080,000 won from May 16, 2013 to October 30, 2013, 20191 6051 37,920,000 won under the supply contract for advance payment payment guarantee 210-00-200-2013 from May 16, 2013 to October 30, 2013; from May 16, 2013 to October 30, 2013 under the supply contract for advance payment guarantee 310-000-200-200-20-14, 2003 to 10-130-4, 2013-10-4, 10-4, 2013;

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