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(영문) 인천지방법원 부천지원 2018.06.21 2018가단100696
부당이득금
Text

1. Defendant A shall pay the Plaintiff KRW 99,300,000 and the interest rate of KRW 15% per annum from January 23, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff Company is a company that operates new and renewable energy facilities business, and the Defendant A is a business entity of “C”, which is a survey and civil engineering design business entity, and the Defendant B is a person who actually performed the business of “C” as an external third village of the Defendant A.

B. On March 10, 2016, Plaintiff Company entered into a permission for development activities and a completion service contract (hereinafter “the first service contract”) with Defendant A (based on the nominal owner in the contract; hereinafter the same shall apply) as follows.

The ordering agency: The service period of KRW 66,00,000 (value of KRW 60,000,000, value-added tax of KRW 6,000,000): The scope of services to be performed by “B” in relation to the main business of Article 5 (Scope of Services) on March 10, 2016, as of the date of completion of services:

1. Topographical survey;

2. Preparation of books for permission for development activities, submission of government agencies and consultation;

3. Preparation of, submission of, and consultation on, small-scale environmental impact assessment books;

4. Preparation of books prior to the prior examination of factors influencing disasters, submission of government agencies and consultation;

5. Preparation of farmland-related books, submission of government agencies, and consultation;

6. Preparation of consultative books related to mountainous districts, submission of administrative agencies, and consultation thereon (including surveys on mountainous districts, the accumulation of forest trees, and restoration design);

7. Preparation of civil engineering and design books, submission of government agencies and consultation;

8. Registration of land division (including access roads in the site);

9. The preparation of documents for completion of civil works, the submission of government offices and consultations (Provided, That only once upon completion of the final work) Article 14(C) of the “A” (hereinafter referred to as the “Plaintiff”) may either cancel or terminate all or part of the contract in any of the following cases:

1. Where "B" fails to commence or delays services without justifiable grounds;

3. Where the person who is responsible for the service of “B” or “B” fails to comply with the legitimate instructions or requirements of “A” for the implementation of this Agreement;

5. The purpose of the contract is in violation of other terms and conditions of the contract.

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