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(영문) 인천지방법원 2020.09.25 2019가단235985
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) The 20th general business facility of the 20th general business facility of reinforced concrete structure D and E-ground reinforced concrete structure (hereinafter “instant building”).

(B) 8rd unit F, G, 1st underground floor H, I, and J (hereinafter referred to as “contestable building part”) as a single unit of household.

(2) The Plaintiff is a state-owned property management agency that is entrusted by the Ministry of Strategy and Finance with the business of managing and disposing of the portion of the building at issue.

3) Defendant A Co., Ltd. is a facility management service company, Defendant B Co., Ltd. is a security service company, and Defendant C Co., Ltd. is a U.S. management company. B. The key part of the building at issue was a public room since 2014.

2) The Plaintiff was aware that the part of the pertinent building was in a public room as above. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 through 4 (including provisional number, and the purport of the whole pleadings)

2. Assertion and determination

A. The Plaintiff’s assertion and the Defendants from around 2014 entered into each service contract with the pertinent Defendant on facility management services, security services, and US dollars services (hereinafter “each service contract of this case”).

The Plaintiff has paid the relevant service cost to the Defendants under each of the instant service contracts, and the total amount of service cost paid from January 20, 2014 to February 2019 reaches KRW 529,362,121.

However, the key part of the instant building was in a public room from 2014.

Nevertheless, the Plaintiff also paid the service cost for the portion of the building at issue to the Defendants.

As to this part, the Defendants acquired benefits without any legal ground.

The Plaintiff seek to the Defendants each payment of KRW 16,000,000 for the return of unjust enrichment and damages for delay.

B. Article 741 of the Civil Act provides that “The property or property of another person without legal cause.”

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