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(영문) 서울동부지방법원 2016.10.25 2015가단136174
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 purpose of investing 100% by the Korean Broadcasting System for the stage arts and film production services for TBB broadcast, and planning and construction services for video, lighting, and sound system, and the Defendant is the Public Interest Foundation established in 1989 with the approval of the Minister of Culture, Sports and Tourism in order to commemorate the 24th Seoul Olympic Games and conduct projects for the promotion of national sports.

B. On April 1, 2015, Songpa-gu requested a proposal for a public performance agency service as 2015, the Songpa-gu announced the request for a public performance agency service as the project cost (including value-added tax) at a performance hall with at least 35 out of October 1, 2015 to November 11, 2015, and at a performance hall with at least 1,000 persons in Songpa-gu with a scale of at least 1,000 persons within 1,75 million won in the project cost.

The selection of the business operator is based on the general open competitive bidding and the selection of the business operator was made by a contract through negotiations.

C. On May 11, 2015, the Plaintiff participated in the bid of Songpa-gu and received the proposal, and concluded a contract with Songpa-gu on May 11, 2015 to “2015 Song Creative Museum Performance Agency” (hereinafter “instant musical agency contract”).

Article 9(1) of the instant musical agency contract provides that at least 35 times of the total performance shall be performed at a musical performance place with at least 1,000 seats located in Songpa-gu designated by the Songpa-gu Office.

The Plaintiff entered into the instant rental contract with the Defendant on May 11, 2015, while painting a performance hall for the instant musical performance. The rental period is ten days from September 27, 2015 to October 6, 2015, five days from October 12 to 16, 2015, five days from November 16, 2015, and 374,00,00,000 (including additional taxes, 112,20,000,000 won from the down payment until May 20, 2015, 201, 261,80,000,000 won from the down payment to October 30, 2015; and the rental fee is paid to 374,00,000 won from November 16, 20 to November 30, 205.

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