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(영문) 수원지방법원안산지원 2015.12.17 2015가합21803
부당이득금
Text

1. The Defendant’s KRW 315,757,470 for the Plaintiff and 6% per annum from October 31, 2014 to June 17, 2015.

Reasons

1. Basic facts

A. The defendant is a corporation established under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation.

B. The 29,293 square meters in Incheon Jung-gu is state property. The defendant is entrusted with the right to manage and dispose of the above land pursuant to Article 42(1) of the State Property Act, Article 38(3) of the Enforcement Decree of the same Act, Article 26(1)10 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation

C. The Plaintiff participated in the bid for the “C Construction Work” ordered by the Korea Gas Corporation (hereinafter “the instant construction Work”). On December 12, 201, the Plaintiff concluded a contract on the instant construction work with the Korea Gas Corporation by setting the construction period from December 12, 201 to November 30, 201.

On March 6, 2012, the Plaintiff stored construction materials, such as pipes, etc. necessary for the instant construction work between the Defendant and the Defendant.

The purpose of using the leased property under Article 1 (Purpose of Use) (Purpose of Use) among the land under paragraph (10), 290 square meters (hereinafter referred to as "land of this case") shall be the open-site and temporary office.

Article 2 (Period of Loan) The loan period shall be from March 6, 2012 to March 5, 2017 (five years).

Article 3 (Loan Fee) The Loan Fee shall be the amount per annum, one hundred million won per annum, one hundred and forty million won per annum (Won 117,048,750-) and the value-added tax.

Provided, That the rent for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

Article 10 (1) An application for the cancellation of a loan agreement shall be filed one month before the cancellation of the contract period, and the defendant shall cancel the contract one month after the date of receipt of the application for cancellation of the contract.

(2) Where a loan contract is terminated pursuant to paragraph (1), the Plaintiff shall pay the loan fee by the date of cancellation, and the Defendant shall do so one month after the date of receipt of the application for termination by the Plaintiff

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