(영문) 서울중앙지방법원 2013.11.29 2013가합516879

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2013.11.29 2013가합516879

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. On January 13, 2010, the Military Welfare Group affiliated with the Defendant rendered a public announcement of tender for the business of the vehicle class vending machine at the National Military Welfare Group (hereinafter “instant tender”) to select the business operators who install and operate the vehicle class wheeler within the jurisdiction of 67 Seoul, etc.

On January 29, 2010, the Plaintiff entered into a contract with the Armed Forces (hereinafter “instant contract”) with the content that the Plaintiff shall comply with the said bidding and select the highest bidder as a successful bidder. On January 29, 2010, the Plaintiff shall operate the business of installing and operating the tea mon market within three areas and four areas under the jurisdiction of the Armed Forces Welfare Group and shall pay annual fees to the Armed Forces Welfare Group.

The main contents are as follows:

The number of local 4 units 25 units 25 units 25 units 25 units 25 units 3,7200,000 won for operating fees from February 1, 201 to January 31, 201, 4 equal installments in the payment method of KRW 3,5140,00 for 3,51 units 5,000.

B. In the instant bid, the Defense Welfare Group calculated the expected sales by the unit size (number of units x the number of unit units x the user ratio x the number of unit staff x the price of coffee x the price of remaining x the same with a set of welfare rate (23%) and added value-added tax to the lowest bid price.

The rate of users compared to the number of military units was 20-30% differentiated according to the monthly average sales of each unit reported in the past.

C. Article 7 (Operational Authority) of the Regulations on Contracts of this case

1.A (National Military Welfare Group) shall have all the rights to the management and control of the self-reader.

2.B (Plaintiffs) shall have the authority to install a vending machine of the class B owned by A at a place designated by A, and to operate and manage the wheeler in accordance with the control of A and installed units.

3. B shall directly manage the self-reader of the person himself/herself, and shall not transfer, delegate, or provide any individual claim arising therefrom to a third party without the consent of A;

Article 8 (Installation of Self-Employed Machines)

2. B shall be the place designated by A.

유사 판례

-서울고등법원 2014.11.12 2014나2000268

-서울고등법원 2018.01.19 2017나2020836

-서울중앙지방법원 2017.03.23 2016가합3909

-서울중앙지방법원 2014.11.14 2013가합554734

-서울중앙지방법원 2014.12.4.선고 2014가합505647 판결