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(영문) 제주지방법원 2015.02.03 2014가단12958
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. On July 16, 2013, the head of the Defendant-affiliated B High School published a public notice of electronic bidding for permission for use of store C (hereinafter “instant public notice”), and the main contents of the public notice are as follows.

1) A period of permission for use: A period of use from the date of permission for use to February 28, 2016 (2) for use: 5.9 million won (excluding value-added tax payment) usage fees for the year 2013 (the year 1), and the user fees for the second year shall be calculated separately in accordance with relevant Acts and subordinate statutes. 4) General conditions of permission for use: The user fees shall be the successful bid amount.

Provided, That the value-added tax equivalent to 10% of the user fee shall be paid separately.

(b) The number of days less than a month in the monthly calculation shall be calculated on a daily basis, and the user fees after the second year shall be paid in advance in the amount calculated in accordance with Article 31(3) of the Enforcement Decree of the Public Property and Commodity Management Act;

(5) under Article 4 (Payment of Fees): The successful bidder shall pay the full amount of the usage fees under Article 3 in lump sum (payment in installments) to the designated account by July 26, 2013.

B. Upon determining as a successful bidder on July 19, 2013, the Plaintiff filed an application for permission for use with the head of the High School (hereinafter “instant application for permission”) on July 26, 2013, and the main contents of the application are as follows.

1) Period of use: Fees for use between July 27, 2013 and February 28, 2016: as determined by your school: Fees for use of 22 million won and value-added tax of 2.2 million won (Provided, That it shall be for one year, 2013, and the fees for use from the following year shall be calculated in accordance with relevant Acts and subordinate statutes; public charges, mutual aid premiums, and charges shall be separately imposed).

C. On July 26, 2013, the head of the B High School: (a) decided on July 27, 2013 through July 28, 2016; (b) KRW 22,00,000 (in advance on a lump sum before the separate payment of value-added tax and the period of use) and granted permission to use a meal facility building of 101.25 square meters (hereinafter “instant permission for use”).

On July 26, 2013, the principal of the B High School was "B in 2013."

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