beta
(영문) 서울고등법원 2019.10.11 2019나2011829

정산금

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Scope of the judgment of this court;

A. In the first instance court, the Plaintiff filed a claim against the Defendant for the principal lawsuit claiming the payment of the settlement amount following the withdrawal from the contract of this case -1, return of unjust enrichment -2, return of unjust enrichment -3, and delivery of the instant vehicle. Accordingly, the Defendant filed a claim against the Plaintiff for compensation for damages arising from the Plaintiff’s breach of obligations under the contract of this case -1, and payment of the settlement amount following the termination of the contract of this case -2, and the first instance court partly accepted the Plaintiff’s claim for the above -1 settlement amount and -2 return of unjust enrichment from the Plaintiff’s principal lawsuit, and rendered a judgment of the first instance court that dismissed the claim for delivery of the instant vehicle - 3

B. However, as to the judgment of the court of first instance, only the defendant appealed against the defendant among the main lawsuit and counterclaim, the scope of the judgment of this court is limited to the part against the defendant among the plaintiff's main claim -1 settlement amount, -2 return of unjust enrichment and the part against the defendant's counterclaim.

2. The reasoning of the judgment of the court of first instance concerning this case is as follows, and the part of the judgment of the court of first instance which clearly emphasizes that the defendant is a clerical error in the judgment of the court of first instance as follows. Except where the judgment of the court of first instance is added to Paragraph 3, the reasoning of the judgment is identical to that of the judgment of the court of first instance. Thus, the part which cited it as it is in accordance with the main sentence of

A. Of the judgment of the first instance, the part “AE” in the part “D” in the 14th instance judgment

B. Of the judgment of the court of first instance, “Evidence 10, 23, and 45” in the part “10, 22, 23, and 45” in the seven-dimensional 5 portion of the judgment of first instance

3. Judgment on the defendant's grounds for appeal

A. The plaintiff's withdrawal from the partnership and the part concerning the defendant's assertion of inevitable reasons 1) The plaintiff unilaterally withdraws from the partnership without any inevitable reason during the duration of the partnership under the contract of the same case. Thus, the plaintiff can be seen as legitimate withdrawal from the partnership.