선지급금반환 청구의 소
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.
1. The grounds for admitting the judgment of the court of first instance, which the Plaintiff asserted in the trial while filing an appeal, are not significantly different from the allegations in the court of first instance, and the judgment of the court of first instance dismissing the Plaintiff’s claim even if the evidence and the result of pleading submitted in the court of first instance
Therefore, this court's reasoning, including the allegations and evidence of the parties added in the trial, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except for the further determination by supplementing the reasoning of the judgment of the first instance as stated in the following
2. Additional determination
A. The purport of the Plaintiff’s assertion is that D and the Defendant Company started content development projects for “G Access” (hereinafter “instant project”), and conducted two-party agreements in the course of consultation for the establishment of joint relations between D and the Defendant Company through mutual investment. Since two-party agreements between D and the Defendant Company are the core contents of three-party contracts, insofar as the agreement between D and the Defendant Company has not been concluded separately between the two parties, the agreement between D and the Defendant did not reach the agreement on the formation of three-party contracts. As long as three-party contracts have not been concluded, insofar as the agreement between D and the Defendant Company was not concluded, the instant payment made by the Plaintiff to the Defendant Company was made unjust enrichment. Accordingly, it can be summarized as the Plaintiff’s assertion that the obligation to return the instant payment made by the Plaintiff to the Defendant Company.
The grounds of appeal as to the claim for the agreed amount against the defendant C are justifiable, and thus, they will be invoked by the first instance court as they are.
B. However, each of the above arguments by the Plaintiff cannot be viewed as the premise or condition of a three-party contract for the following reasons, namely, the agreement between the two parties.