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(영문) 서울북부지방법원 2021.03.03 2019가단127105
부당이득금
Text

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

The costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant enter into a goods supply contract between the original Defendant and the Public Procurement Service 1) Article 2(2) of the Guidelines for Joint Contract Operation under Article 490 of the Regulations on the Contract of the Ministry of Finance and Economy (Definition) of the Joint Contract Terms and Conditions for the Joint Contract Terms and Conditions (hereinafter “Joint Contract Terms and Conditions”) refers to an entity that is temporarily formed by the contractor to jointly carry out the pertinent contract with at least two members.

“.......”

On July 14, 2017, a contract for the supply of goods was concluded with the Public Procurement Service (hereinafter “instant commodity contract”) with the following terms and conditions.

The title of contract: 90,654,510 won: 0.150% for delayed payment period: 0.150% for the end-of-day service: The representative of the National Police Agency [Contract Company] - the defendant's equity ratio: 60; 60; 402) the Plaintiff's equity ratio: August 28, 2017; the Plaintiff received 18,128,000 won for advance payment of KRW 40%; and the Defendant received KRW 60% for the aforementioned advance payment of KRW 27,192,000, respectively.

3) Although the Defendant submitted C’s outer cover 318 attachment to the Public Procurement Service (hereinafter “instant clothing”), it was notified by the Public Procurement Service of its failure to pass the attachment on December 20, 2017, and thereafter submitted the original unit to the Public Procurement Service on December 12, 2018, and received conditional pass on the instant clothing 208 attachment on December 28, 2018.

4) On December 3, 2018, the Defendant supplied the instant clothing 110 to the National Police Agency, and on December 28, 2018, the instant clothing 208 to the National Police Agency.

5) The Korean National Police Agency imposed 57,840,130 won as delayed reward in relation to the instant goods contract, and deducted the amount from KRW 44,334,50, which deducts the depreciation amount of KRW 1,000 from the remainder of the goods price.

On January 16, 2019, the defendant paid 13,505,630 won for delay to the National Police Agency.

B. A quasi-consumption lending contract between the Plaintiff and the Defendant 1) A quasi-consumption lending contract between the Plaintiff and the Defendant on May 18, 2018, setting the agreed interest rate of KRW 2,096, 707,680 on the Plaintiff’s debt, such as the price of goods, against the Defendant by the same date, at 6.5% per annum (hereinafter “instant contract”).

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