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(영문) 제주지방법원 2017.08.28 2016가단11331
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of heat supply and electricity generation business, and the Defendant is a corporation with the purpose of waste disposal business.

B. On January 6, 2014, the Plaintiff and the Defendant entered into a contract (hereinafter “instant service contract”) with the Defendant to leave services for crushinging pine trees cut to prevent pine wilt in Jeju-do (hereinafter “instant contract”). The contract period from January 6, 2014 to January 31, 2014; and the service price is 11,200 tons of vehicle scrap presumed amount (=70 tons x 8 hours x 20 days x 10 days), applying weight to 9,40,00,00 won of vehicle scrap unit based on weight to the Defendant (i.e., 11,200 tons x 9,500 won x 9,500 won, value-added tax x 11,200 tons x 9,500 won); however, if the Plaintiff submitted the production report to the Defendant after the public notice, the Defendant submitted the production report to the Defendant after the public notice.

C. From January 6, 2014, the Defendant: (a) performed crushing of chips at the sites of Jeju Island, Hancheon River, and Northern Village; and (b) extended the service contract period of this case by March 6, 2014, around March 6, 2014.

3. Until March 31, the Plaintiff processed pine trees cut in accordance with the instant service contract as chips by crushinging them. However, the Plaintiff did not prepare a map on the ground that he did not go to the public hall.

On February 4, 2014, the Defendant sent an official document to the Plaintiff, applying the unit price of crushing 3,800 won/1 cubic metres on the instant service contract to KRW 98,724,00 on January 1, 2014 (i.e., 25,980 cubic x 3,800 cubic x value added tax). On February 11, 2014, the Plaintiff paid KRW 77,00,000 to the Defendant by account transfer.

E. On March 3, 2014, the Defendant also applied 3,800 won/1 cubic metres as to the instant service contract to the Plaintiff on the basis of side volume to KRW 69,467,800,000 = 18,281 cubic x 3,800 metres.

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