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(영문) 청주지방법원 2016.06.15 2015가합1717
부당이득금
Text

1. The Defendant’s KRW 253,341,405 among the Plaintiff and KRW 199,622,297 among the Plaintiff, shall be KRW 53,719,108 from August 1, 2015.

Reasons

1. Basic facts

A. A. On November 2008, the Plaintiff entered into a business agreement with the Defendant, etc. regarding the treatment of rocks on the site for the development of the Simsan Industrial Complex, 120-1, Maok-gu, Chungcheongnam-gu (hereinafter “instant industrial complex”).

The instant business agreement states that the Plaintiff shall deposit KRW 1,000,000 with the Defendant the contract deposit amount of KRW 1,000,000,000, and that “if the approval of the industrial complex project is not obtained by June 30, 2009, the deposit shall be returned.”

(Article 5). (b) of the instant Project Agreement

On October 19, 2010, the Plaintiff entered into a business agreement with the Defendant and the Plaintiff on the permission to collect earth and stones for the instant industrial complex (hereinafter “additional business agreement”) with respect to the participation of the Plaintiff in the project implementer.

C. On November 10, 2008 and March 3, 2009, the Plaintiff paid to the Defendant a contract deposit of KRW 1,000,000 under the instant business agreement (hereinafter “instant deposit”). However, the Defendant did not obtain approval of the instant industrial complex business until June 30, 2009.

From March 2010 to July 201 of the same year, the Plaintiff carried out the sacriff project under the instant business agreement (hereinafter “instant construction project”). With respect to the construction cost on March 14, 2012, an electronic tax invoice stating KRW 232,072,635 (including the amount of tax) was issued.

E. On January 27, 2011, the Plaintiff suffered losses, such as the instant deposit, interest accrued after June 30, 2009, and construction cost of the instant construction, due to the Defendant’s cause attributable to the Defendant, and sent a notice demanding the Defendant’s measures (hereinafter “instant notice”).

F. Around January 28, 2015, the Defendant paid to the Plaintiff the remainder of the instant deposit KRW 500,000,000 and the amount of KRW 232,072,635 (including value-added tax) to the Plaintiff at the time of commencing waste disposal facilities in an industrial complex.

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