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(영문) 부산지방법원동부지원 2017.12.15 2016가합101654
부당이득금
Text

1. The Defendant’s KRW 1,458,459,620 for the Plaintiff and KRW 5% per annum from May 10, 2016 to December 15, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a juristic person operating the Busan Veterans Hospital (hereinafter "the hospital in this case") located in 420 as in the Busan Seo-gu, Busan. The defendant supplied urban gas to the company established on March 4, 1981 for the manufacture, processing or sale of gas by-products, general gas business, etc. and managed the city gas throughout Busan.

B. On December 2004, the Plaintiff performed the construction work of expanding and repairing the instant hospital (hereinafter “instant construction”). The Japanese Comprehensive Construction Co., Ltd. contracted the instant construction work from the Plaintiff, and the single engineering Co., Ltd. subcontracted the instant construction work during the Japanese Comprehensive Construction Co., Ltd.

C. One Engineering, a limited liability company, installed urban gas measuring instruments (a model name: TG160, COMON (TGP) and COMN (TMD) at the instant hospital (hereinafter “instant measuring instruments”), which were supplied from TG160, and around December 2004, the Defendant sent a notice of the construction content (B No. 1) to the Defendant that the instant measuring instruments are installed, and installed the instant measuring instruments at the designated location in accordance with the design drawings.

Around October 2015, the Defendant notified the Plaintiff that the instant measuring instrument should be replaced by ten years after the period of use of the instant measuring instrument was ten years, and the Plaintiff replaced the instant measuring instrument with a new measuring instrument on October 28, 2015.

E. After replacing the gas measuring instruments of the instant hospital with a new measuring instrument, the daily boiler usage of the instant hospital was reduced by approximately 1/2 compared to the previous date of replacement, and the Plaintiff notified the Defendant of such fact.

Accordingly, on November 4, 2015, the defendant replaced new measuring instruments with the same measuring instruments on the ground that the malfunction of new measuring instruments is suspected, but the daily boiler usage still remains approximately 1/2 of the previous usage volume.

F. The plaintiff.

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