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(영문) 서울중앙지방법원 2018.09.19 2018나22502

부당이득반환 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The Plaintiff’s ground for appeal citing the judgment of the court of first instance is not significantly different from the assertion by the court of first instance, and even if the evidence duly admitted and investigated by the court of first instance shows each description of evidence Nos. 3 and 4, the fact-finding and judgment by the court of first instance are justified.

Therefore, the court's explanation on the instant case is identical to the reasoning of the first instance judgment, except for the addition of "2. additional decision" as to the Plaintiff's assertion emphasized or added by the Plaintiff in the fourth part of the judgment of the first instance as "Defendant B", and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, pursuant to Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that the instant subcontract was actually concluded under the Plaintiff’s name, but the F changed the construction company from the Plaintiff to E with the consent of Defendant B, but the Plaintiff did not refuse and cooperate with the Plaintiff to grant official certification for the change of the company due to disputes arising from the license loan fee problem with F, and that the Plaintiff’s rejection of the instant subcontract agreement with Defendant B did not comply with the instant subcontract, and that the Plaintiff claimed the payment of the insurance money under the performance guarantee insurance contract (contract) with Defendant C on December 1, 2016. The instant subcontract was merely a claim for the payment of the insurance money under the performance guarantee insurance contract with Defendant C on December 1, 2016. Since the instant subcontract had already been cancelled the agreement between the Plaintiff and the Defendant B by changing the construction company to E with the consent of Defendant B, the Plaintiff did not have any obligation to pay the insurance money to the Defendant despite the Plaintiff’s request for the payment of the insurance money, the Plaintiff did not have any obligation to return the insurance money to the Plaintiff.

The instant case is a stove, householdwork, etc.