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(영문) 창원지방법원진주지원 2020.02.19 2018가단35116
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant’s permission, etc. to use state property against the Plaintiff (hereinafter “instant welfare center”) as indicated in the attached Table 1 list

(2) Around November 2014, the head of the ordinary facility center of the National Defense headquarters of this case (hereinafter “instant coffee store”) is one of the State property owned by the Defendant and is within the territory of B, which is a subordinate unit of the air force under the Ministry of National Defense, and C is one of the management officers. Around November 2014, the head of the ordinary facility center of the National Defense headquarters of this case (hereinafter “the head of the ordinary facility center of this case”) published a competitive bid (Internet bid) for “permission to use state property (Internet bid)” with regard to “106.07 square meters inside a ship (hereinafter “instant coffee store”): Provided, That the head of the welfare center of this case’s welfare center of this case’s service center of this case’s service center of this case’s service center of this case’s service: welfare hall, coffee and others; and as a result, the Plaintiff was awarded a successful bid

3) On December 2014, based on Article 30 (Permission for Use) of the State Property Act and Article 27 (Method of Permission for Use) of the Enforcement Decree of the same Act, the head of the National Defense Facility Headquarters granted the Plaintiff permission to use the pertinent coffee with the main contents of “B welfare center, coffee and restaurant” for the purpose of use, “from December 18, 2014 to December 19, 2017 (3 years),” “from December 18, 2017 to December 19, 2017” and “the annual amount of KRW 32,510,000 (including additional tax)” (hereinafter the same shall apply).

(4) From December 22, 2014, the Plaintiff began to engage in the instant coffee business upon delivery of the instant coffee points.

5) On March 19, 2015, “the personnel management director entrusted with the business affairs by C” prepared “the agreement on the operation of coffee and restaurant business (hereinafter “instant agreement”) with the Plaintiff (B as “consumer,” and the Plaintiff as “supplier,” the following are included in Article 5 (Sales Items and Price) of the instant agreement. The business items of “supplier,” under Article 5 (Sales Items and Price) (1) include coffee and restaurant (ci.e., coffee, liquor, beverage, ice, etc.) and at the request of the supplier.

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