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(영문) 서울동부지방법원 2015.04.16 2014가단118513
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 12, 2013, the Plaintiff: (a) sought an explanation to the effect that “DMa” (hereinafter referred to as the “instant workplace”); (b) from F, a person in charge of operation of E on August 12, 2013, the Plaintiff entered into a contract for the replacement of lighting facilities (hereinafter referred to as the “instant construction contract”) between F and F with respect to the instant workplace by replacing lighting facilities into LED titles; (c) the cost of construction for lighting replacement is KRW 45 million; (d) the cost of construction for the replacement of lighting is KRW 45 million; and (e) the monthly installment is to be reduced by KRW 1250,000,000,000,000 for each month; and (e) to reduce the total construction cost between F and F with regard to the instant workplace (i.e., KRW 1150,000 x 36 months).

B. On August 13, 2013, according to F’s proposal, the Plaintiff entered into a installment financing agreement with Samsung Card and the instant LED product price at KRW 41.4 million in total, monthly installments, KRW 11.5 million in total, the first payment date, and KRW 36 in installments.

C. The Defendant is a person who sold LED lighting facilities to F for the instant construction work.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4-6 evidence, Gap 7-1, 2-3, and the purport of the whole pleadings.

2. Determination

A. The Plaintiff’s summary of the Plaintiff’s assertion indicated in collusion between the Defendant and F that the reduction rate of electricity charges due to the replacement of lighting facilities reaches a minimum of 5.5% per annum, and that the reduction rate of maintenance and repair costs reaches a minimum of 3.6 million and 4.6 million won per annum, and concluded the instant construction contract in trust, and concluded the instant construction contract. The electricity charges, such as type light, used for lighting, are merely 30% out of the electricity charges of the entire instant business establishment, and was reduced by only the amount of electricity charges of KRW 250,00 per month after replacing lighting facilities to LED, and the cost of maintaining and repairing signboards does not exceed KRW 30,00 per month, thereby creating a reduction effect equal to the Defendant’s advertisement.

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