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(영문) 대법원 2019.07.04 2016다275211

대납금 청구의소

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court determined that the Plaintiff’s substitute payment claim against the Defendant is recognized, and rejected the Defendant’s defense that the Defendant’s claim for return of unjust enrichment equivalent to the wastewater treatment expenses and the claim for return of unjust enrichment equivalent to the wastewater treatment expenses against the Plaintiff is not recognized, and that each of the above claim for return of unjust enrichment offsets the Plaintiff’s substitute

Examining the relevant legal principles and records, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors against the principle of equity and good faith.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.