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(영문) 서울동부지방법원 2017.09.22 2016가단144622
부당이득금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On October 19, 2015, the Plaintiff: (a) concluded a bidding agency contract with F Co., Ltd. (hereinafter “Nonindicted Company G”) to request the Nonparty Company to make a tender on the childcare facilities (child-care centers) in Songpa-gu Seoul Metropolitan Government (hereinafter “instant bidding agency contract”); (b) pursuant to Article 5(1) of the bidding agency contract (Evidence A) of the bidding agency contract (Evidence A), the Plaintiff entered into an agreement to the effect that “the number of nursery facilities authorization is approximately 45 persons; (c) 10% of the number of nursery facilities authorization; (d) apartment deposit (0 million won) shall be deposited directly by the Plaintiff; and (e) the rent shall be within 5% of the income from childcare fees and shall be a mutual recognition key” (hereinafter “instant agreement”); and (e) on October 20, 2012, the Plaintiff paid the down payment amount of KRW 9 million to Nonparty Company.

B. On October 19, 2015, Defendant E, a representative director, prepared a written confirmation to the Plaintiff that “If the Plaintiff becomes aware of the conclusion of the H management Dong childcare center lease agreement that will proceed in the future, the full amount of the down payment (9 million won) shall be promptly refunded from the non-party company, and if the non-party company becomes aware of the refund in the non-party company, the non-party company shall confirm that it will return it in lieu of the Plaintiff in lieu of the Plaintiff.”

C. On January 9, 2016, the Plaintiff entered into a lease agreement with the council of occupants’ representatives with H apartment units, setting the lease deposit amount of KRW 30 million from January 9, 2016 to January 8, 2019 as the lease deposit amount of KRW 1576,00,000 for the childcare facilities located in Songpa-gu Seoul Metropolitan Government J-gu from January 9, 2016. After entering into the said agreement, the Plaintiff paid the Nonparty Company KRW 80,000,000 in total, including KRW 70,000 on January 11, 2016 and KRW 17,000 on February 17, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion becomes aware of Defendant D who specializes in tendering on child-care center facilities through introduction of Defendant E.

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