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(영문) 대법원 2017.03.30 2016다264693
사업비 등 청구의 소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The lower court determined as indicated in its reasoning, based on the following circumstances: (a) the Plaintiff and Defendant Gold Industry Co., Ltd. (hereinafter “Defendant Gold Industry”) imposed the instant charges and the existence of the obligation to pay the said charges; (b) the process of concluding the agreement on the allocation of revenues of the instant project and the details of actual burden of the instant charges; and (c) determined that the “reduction” under the agreement on the allocation of the instant charges means the reduced amount in cases where the instant charges are reduced through negotiations, settlement, etc.; and (d) the Plaintiff and the Defendant Gold Industry extinguished the obligation to pay the installation costs of infrastructure; and (e) the Plaintiff and the Defendant Gold Industry did not pay the installation costs of the military substitute facilities, and thus, it cannot be deemed that there was a reduction as referred to in the agreement on the allocation of reduction.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding the interpretation of legal acts or by misapprehending the facts in violation of logical and empirical rules.

In addition, res judicata of a judgment takes place only when it comes to the conclusion of the judgment on the existence of legal relations contained in the text of the judgment.

As seen earlier, the lower court did not err by misapprehending the legal doctrine on the interpretation of a juristic act, and even if the lower court determined otherwise as to the same issue in the relevant civil case, it did not err by misapprehending the legal doctrine on the binding force of judgment and the principle of good faith among the grounds for final and conclusive judgment.

The ground of appeal disputing this cannot be accepted.

Therefore, all appeals are 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.

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