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(영문) 대구고등법원 2016.10.19 2016나20351
부당이득금
Text

1. Of the judgment of the court of first instance, KRW 126,87,134 against the Plaintiff and its related thereto from December 14, 2013 to October 19, 2016.

Reasons

1. Basic facts

A. In order to take charge of logistics of stores located in Gyeongnam-do, etc. in the Gyeongnam-si (hereinafter “Seoul-si”) Special Metropolitan City Co., Ltd., a corporation incorporated for the purpose of general wholesale and retail business, etc., the trade name was changed to Non-Party 1 Special Metropolitan City Co., Ltd., Ltd. and Non-Party 1 Special Metropolitan City Co., Ltd. on April 1, 2016, during which the trial was in progress, the Defendant comprehensively succeeded to the rights and obligations of the Defendant and taken over the instant legal proceedings on June 7, 2016; hereinafter “Defendant” is deemed to have entered into a human resources supply contract on December 31, 201 between Ael Special Metropolitan City and Jin-si Special Metropolitan City Co., Ltd., Ltd. for the provision of human resources to the goods distribution center (hereinafter “Sjin-si”) and divided the goods distribution center into LA Special Metropolitan City Co., Ltd. from 50 to 21 December 21, 2012.

B. After the termination of the term of the above contract, Ael continued to engage in the above business due to the delay in the Defendant’s subsequent business. On February 19, 2013, the Defendant conducted an open competitive bidding to select the subsequent logistics enterprises of the Jinju Logistics Center. Three companies, including the Plaintiff, established for the purpose of logistics center, logistics agency, etc., participated in the said competitive bidding.

C. The defendant explained the current status of the logistics center's stores, the current status of human resources, the current status of operation, and the plan for the relocation of the store as follows.

BGFro-si Cooperation Enterprise explanatory meeting (No. 1) on January 31, 2013, at least 558 operating stores at the upper temperature as of January 31, 2013, and at least 528 operating stores at low temperature: TR/O 41, the current operating number of 38, low temperature T/O 30, the current operating number of 29 operating personnel: the average working quantity of 10,00 days before and after the rain season, 13,000-15,000 for the current operating facilities: the average working quantity of 15,000 non-water season, 20,000-24,000-24,000-20 stores at low temperature: the non-water season: 6, Feb. 28, 2013; and

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