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(영문) 서울중앙지방법원 2015.04.08 2014가합523775
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the instant case is the case seeking return of unjust enrichment of KRW 131,066,812, which is equivalent to the Plaintiff’s investment ratio (90%) out of KRW 145,629,792, the total amount of the 12th and the 13th payments that the Plaintiff received from the Defendant against the Defendant, with respect to the construction work contracted by the joint supply and demand company of the Defendant to the Korea Electric Power Corporation.

On the premise of fact, the plaintiff and the defendant entered into a joint supply and demand agreement and the construction contract, around July 2004, to establish a joint supply and demand agreement and enter into a joint supply and demand agreement with the Korea Electric Power Corporation, 756kV new electricity transmission line construction works (section 2) with the following contents:

Article 3 (Method of Joint Supply and Demand Agreement (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be as follows:

1. The plaintiff;

2. The representative of the joint contractor for defendant shall be the plaintiff.

Article 8 (Transaction Accounts), Costs, etc. shall be paid in the following accounts of the representative of a joint supply and demand organization or of each member.

1. A plaintiff (the representative of the joint contractors) / Deposit Shares

2. The ratio of contribution by the joint supply and demand company to the defendant / the depositor / the depositor / the depositor 1 shall be determined as follows:

1. Plaintiff: 90%;

2. Defendant: Where any profit or loss occurs after implementing the contract under Article 10 (Distribution of Profit and Loss) by 10%, it shall be distributed or shared in accordance with the ratio prescribed in Article 9;

XI.(Restriction on Transfer of Rights and Obligations) No member may transfer to a third party any rights and obligations under this Agreement.

Article 12 (Measures against Down Withdrawal) (1) Members of a joint supply and demand organization shall not withdraw from the bid or from the date of completion of the contract concerned, without the consent of all the ordering person and all the members.

(2) Where any part of partners is unable to perform a contract due to bankruptcy, dissolution, dishonor, etc., the remaining partners shall jointly and severally perform the contract.

but only the remaining members shall be granted a license, contract amount, etc.

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