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(영문) 서울중앙지방법원 2016.10.10 2016나35702

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of this court concerning this case is as stated in the reasoning of the judgment of the first instance, in addition to the dismissal or addition of each corresponding part of the judgment of the first instance as follows. Thus, this court shall accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Details to be removed or added;

(a)in addition, the following shall be added to not more than 13 pages 3 of the judgment of the first instance.

“8 E did not play any role other than sending several recommended e-mail after the conclusion of the second contract. In order to solve the problems related to the design change of this case, even in the conclusion of the third contract, as if it could be possible to solve the problem at all without knowledge of its legal plan, it deceiving the plaintiff, thereby allowing the plaintiff to enter into the third contract.

In addition, since the third contract was concluded, the plaintiff did not make any effort to solve the problem of the design change in this case, and eventually, the plaintiff did not have to solve the problem of the design change through another attorney-at-law, and due to the defendant, the defendant suffered a serious economic loss for the nine months delayed the design change.

“”

(b) Decision of the first instance court with respect to dismissal;

3. The judgment part shall be reversed as follows:

"Along with the following circumstances recognized through the above facts, comprehensively taking account of the developments leading up to the conclusion of the contract with the defendant or E and the nature of each of the above contract, the content and degree of performance of the duties to be performed by E in relation to its performance, and the profits gained by the plaintiff, etc., it is difficult to view that KRW 100,000,000 paid by the plaintiff to the defendant in relation to the first or third contract is a null and void contract due to the plaintiff's gross loss of fairness or the defendant's deception, or it is difficult to view it contrary to the principle of trust and good faith because it is excessively excessive compared to the contents and degree of the duties performed by E.