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(영문) 대법원 2021.03.11 2018다227988

보수금

Text

All appeals are dismissed.

Of the costs of appeal, the part of the appeal by the plaintiff is the appeal by the defendant C Union.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The lower court, on the grounds indicated in its reasoning, did not establish an express implied delegation contract between the Plaintiff and the Defendant Company B (hereinafter “Defendant B”).

In light of the Plaintiff’s primary claim against Defendant B, the Plaintiff and the Defendant C Cooperatives (hereinafter “Defendant Cooperatives”) established a management of affairs concerning the settlement of accounts between the Plaintiff and the Plaintiff and the Plaintiff C, regarding the city bus transportation service provider among the sports area transportation agencies.

On the other hand, the plaintiff's claim for reasonable remuneration for the execution of the above settlement of accounts against the defendant union was accepted, and the plaintiff's conjunctive claim against the defendant B and the defendant Gyeonggi-do's claim

Meanwhile, the lower court did not adopt the entire result of the appraisal by the appraiser of the first instance trial on the grounds that the Plaintiff did not undergo the verification procedure on the accuracy and credibility of the original data presented to the appraiser of the first instance trial while setting the scope of remuneration to the Defendant Union, and did not accept the entire result of the appraisal by the appraiser of the first instance trial on the basis of the part related to city bus in Gyeonggi-do among the expenses prescribed by

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of delegation contracts and office management, the scope of claims for remuneration, etc.

Therefore, all appeals are dismissed. Of the costs of appeal by the Plaintiff, part of the costs of appeal by the Plaintiff is to be borne by the Defendant Union. It is so decided as per Disposition by the assent of all participating Justices on the bench.