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(영문) 전주지방법원남원지원 2014.08.28 2013가합186
부당이득금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Defendant Company was established on June 19, 2008 for the purpose of establishing and operating solar power plants.

B. The Plaintiff was a director of the Defendant Company from the time of incorporation of the Defendant Company until June 19, 2010.

C. The Defendant Company obtained permission from the Governor of Jeollabuk-do on September 12, 2008 to build solar power plants (hereinafter “the solar power plants of this case”) in the Namwon-si Forest and C, and to engage in development activities from the Namwon-si Market.

Around 2009, Defendant Company contracted the civil engineering works of the solar power plant in this case to SPia, and additionally contracted D with Reinforcement on April 201.

【Ground for recognition】 The fact that there has been no dispute, Gap's 4 through 6, 13, Eul's 3, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. In the construction of the solar power plant in this case by the Defendant Company, the Plaintiff paid not less than KRW 408,000,000 to its own individual funds as follows.

Therefore, the Defendant Company is obligated to pay the Plaintiff KRW 408,000,000 as well as damages for delay due to the return of unjust enrichment.

Netly, the cost of operating the community joint fund 5,00,000 won 2,00,000 won for civil engineering and design services 65,000,000 won paid to the representative E Representative F of the Korea Electric Power Corporation 3 to the branch of South Korea Electric Power Corporation 8,923,460 won (8,408,90 won 514,560 won) paid to the South 4 South Haba, interim prepayment of value-added tax 9,629,210 won (5,00 won 5,00,000 won for the community joint fund 5,00,000 won for the operation of the community joint fund 5,542,100 won for the solar power plant construction of this case, and 65,683,000,000 won for the blasting work expenses, 300,000 won for the cost of operation, 300,740,000 won for the joint fund 20

B. Up to 1) Nos. 1 (a) (a judgment on the civil construction cost No. 6) shall be made to the purport of the entire pleadings.

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