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(영문) 대전지방법원천안지원 2016.11.04 2015가합102692
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. When a water supply supervisor has to repair by water leakage, heating, or blocking, or when moving to a water supply pipe, it is necessary to prevent flow of the water due to the water supply pipe. In this context, it is necessary to repair or relocate the water without taking a wide range of fractional measures, to prevent only the water pipes within a narrow range, and to install a bypass pipe on the part of a narrow water pipe.

As can be seen, the method of construction that allows work without taking a single measure is called as a "unauthorized blocking method", and the equipment used for the above public method is called a "unauthorized blocking device".

B. The Plaintiff is mainly engaged in the business of installing a sub-number blocking system at the request of the Korea Water Resources Corporation or the local government.

C. The Defendant had produced and supplied equipment to the Plaintiff through the process of manufacturing automated machines with the trade name of “C”. From March 2010, the Defendant transferred the equipment to the Plaintiff’s factory located in Dong-gu, Chungcheongnam-gu, Seoul.

From 2013 to June 2015, the Defendant: (a) designed and manufactured, and supplied to the Plaintiff, the equipment listed in attached Table 2 (hereinafter “instant equipment”), such as Pool and sub-speaking machine, which is a sub-specing device.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 6, 7 evidence, Eul's 1, 2, 3, 4, 13, 19 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. (1) The Defendant, from March 2010 to March 2015, occupied and used the Plaintiff’s factory without paying electricity, and thereby unjust enrichment of KRW 13,824,00, the amount equivalent to the rent of the above area, and KRW 12,159,562, the aggregate of KRW 25,983,562, (i) KRW 13,824,00,000 (= KRW 12,159,562) from March 201 to the Defendant in relation to the design, manufacture and supply of the instant device. (ii) The Plaintiff unjust enrichment of KRW 254,82, from March 2013 to 2015.

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