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(영문) 수원고등법원 2020.02.05 2019나16860

기타(금전)

Text

1. All appeals filed by the plaintiffs and the claims added by this court are dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for admitting the judgment of the court of first instance are as follows, and the reasons for admitting the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for determining the evidence submitted by the plaintiffs in this court.

From 4th to 7th lines in the judgment of the first instance are as follows.

The Defendants conspired to establish the Plaintiff B and C without permission, and voluntarily prepare the written contract for each of the instant construction works in the name of the Plaintiff B and C, and wired KRW 600 million from the Plaintiff’s account as a construction contract deposit to the Defendant F’s account on October 12, 2017. Such an act constitutes a special breach of trust under the Commercial Act against the Plaintiff, and Defendant E and Defendant F conspired with the Defendant D. As such, the Defendants are jointly liable for joint tort against the Plaintiff. The Defendants are jointly liable for payment of KRW 60 million to the Plaintiff as compensation for damages arising from such joint tort from October 12, 2017, which is an illegal act. As such, Defendant F returned KRW 60 million to the Plaintiff A from October 12, 2017 to June 23, 2018, Defendant F has the obligation to pay damages for delay from the date of filing a claim for reimbursement of KRW 300 million to June 22, 2017 to June 23, 2018.

Each of the instant construction contracts constitutes an unauthorized agency and thus null and void since Defendant D voluntarily prepared without any authority.

Even if each construction contract of this case is valid.

Even if Defendant F violated the duty to prepare the schedule of work as set out in each of the instant construction contracts, the instant construction contract is rescinded on the ground of nonperformance by the Plaintiff B and C by serving the instant complaint on Defendant F.

Plaintiff

B and C shall be subject to Defendant F on October 12, 2017.