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(영문) 서울중앙지방법원 2017.06.02 2016나76468
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant entered into a contract on the supply of electricity to the Hanmun Art High School (hereinafter “instant school”) with respect to the Hanmun Art High School (hereinafter “the instant school”), which is operated by the Hanmun Art High School, with the type of “education use” and “4,000km” (hereinafter “instant electricity supply contract”). Accordingly, the Plaintiff entered into a contract on the supply of electricity to the Hanmun Art High School (hereinafter “instant electricity supply contract”). On December 1, 2010, the Plaintiff was entrusted with the operation of the stores within the instant school (hereinafter “instant store”) by the head of the instant school, who directly operates convenience stores or as affiliated stores, and paid KRW 51 million per year for entrusted operation charges, KRW 23 million per lease deposit, and the amount of electricity necessary for the operation of 23 million, etc. to the Defendant, on the ground that the instant contract on the supply of electricity to the Defendant for education of the instant 25 k stores (hereinafter “the instant penalty”). Accordingly, the Plaintiff did not constitute the Defendant’s breach of the instant contract on the instant 3-type 2.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The terms and conditions of the electricity supply and the detailed rules on the implementation of the terms and conditions in relation to this case are as shown in the attached Form.

3. Determination

A. The Plaintiff’s assertion is that of this case.

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