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(영문) 대법원 2017.04.28 2017다201163

정산금 청구의 소

Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court, as to the ground of appeal No. 1, is the Organizing Committee for the EXPO 2012 Yeosu Korea, a foundation (hereinafter “Organizing Committee”). The rights and duties of the said Organizing Committee are limited to the Plaintiff

In the instant counterclaim, where the Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) comprehensively agreed to compensate for the full amount of the loss (or the loss resulting from the creation of a site) arising from the X-ray development project, the evidence submitted by the Defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, and rather, there is no agreement between the Organizing Committee and the Defendant on the facts and circumstances stated in its reasoning after compiling the evidence presented in its judgment.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above fact-finding and judgment of the court below are just, and there are no errors by misapprehending the facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

2. Examining the reasoning of the lower judgment as to the grounds of appeal Nos. 2 and 4 in light of the relevant legal principles and records, the lower court, based on the appraisal result (Evidence No. 16) of the Korea Appraisal Board (Evidence No. 16) at the request of the Organizing Committee, is justifiable to calculate the usage fee of the site for accommodation complex facilities, temporary parking lots, and EXPO events. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine

3. Examining the reasoning of the lower judgment on the third ground of appeal in light of the relevant legal principles and records, the lower court is so decided.