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(영문) 수원지방법원 2014.12.02 2013가합19000
부당이득금반환
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1. The Defendant’s KRW 16,636,744 to the Plaintiff and KRW 5% per annum from September 10, 2013 to December 2, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a manufacturer (trade name: D) who produces plastic injection containers and supplies them to the Korea Pharmaceutical Industry Co., Ltd. (hereinafter “Korea Pharmaceutical Industry”), and the Defendant is a gold-making company (trade name: E).

B. In the course of the development of plastic injection containers that can be destroyed at high temperature from the Korean medicine industry by supplying plastic injection containers of the PE (PE) material to the Korean medicine industry, the Plaintiff started transactions with the Defendant by requesting the Defendant to produce gold containers of plastic injection in 20c. of the above PP material at around January 2009.

C. Around June 2010, the Defendant completed one and two factories on each of the land F and G owned by the Defendant, and the Plaintiff leased the Defendant’s factories for the development and production convenience of plastic injection containers of the PP materials.

(1) On July 8, 2010, the Plaintiff and the Defendant respectively set the lease term of one factory from July 1, 2010 to June 30, 2012 as KRW 20,000,000,000 per month from July 1, 2010, and KRW 1,80,000 per month from rent, respectively, with the special terms and conditions at the time, that “the lessee shall return the facility cost ( KRW 12,00,000) for the office and dormitory, etc. installed by the lessee at the expiration of the lease term.”

Since then, the above lease contract was implicitly renewed, and it was raised from September 2012 to KRW 2.1 million per month.

Before October 2010, the Plaintiff paid the lease period of 1,00,000 won per month for factory rent of 1,000,000 won per month, 6,000 won per month for machinery rent of 6,00,000 won (the rent of October 201 and November 11, 2010, 4.5 million won per month), and the electricity fee of 90,000,000 won per month between the Defendant and the Defendant.

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