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(영문) 서울중앙지방법원 2016.02.03 2015가합535096
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 22,132,854 to the Defendant (Counterclaim Plaintiff) and its related amount from December 1, 2014 to February 3, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In the process of the business of installing the electronic leading car system, the Plaintiff’s 19 U.S. Air Force (hereinafter “Plaintiff”) under the Plaintiff’s control of the U.S. (hereinafter “Plaintiff”) decided to operate the business by allowing private enterprises to use and benefit from the electronic leading car system free of charge for a certain period of time after receiving a donation from the e-mail to install the electronic leading car system in the military unit (hereinafter “instant physical training center”).

B. The Defendant, who entered into the instant agreement on September 17, 2008, participated in the designated competitive tendering procedure in which the operator and manager of the electronic leading car system were selected, and submitted a written estimate stating the construction amount of KRW 783,00,000, and was selected as the business operator on the same day.

Accordingly, on September 22, 2008, the Plaintiff and the Defendant entered into an agreement on the operation and management of the electronic leading car system (hereinafter “instant agreement”), and the main contents are as follows.

Article 4 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:

1. The term "site" means a site of 5,166 square meters in a physical training center of Party A (referring to the "Plaintiff"; hereinafter the same shall apply) with an electronic leading car system;

2. Facilities: Electronic leading cart, electronic leading cart equipment (attached Form 1), and specifications (attached Form 2 omitted).

Land and facilities may be changed by A after the supply of equipment and facilities have been completed. Article 5 (Agreement Terms and Conditions)

1. A shall permit B (referred to as “Defendant”; hereinafter the same shall apply) to use and benefit from any of the following property:

(1) Property provided for in Article 4 (2) that has been donated from a building site B.

2. Eul shall contribute to Gap the property (facilities) listed in paragraph 2 of Article 4.

Article 6 (Establishment of Cart System)

2. Jeondong is determined as the Scry-3 model of sexual music Co., Ltd. and total amount of KRW 431,700,000 and detailed matters are as follows:

The number of non-passenger-type 45, the electronic leading central control group, two persons.

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