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(영문) 대전고등법원 (청주) 2018.05.30 2018나2067
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's conjunctive claim against the defendants in subrogation of G.

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasons for this court’s explanation are as follows: (a) the submission of or addition to the text of the judgment of the court of first instance; and (b) the inclusion of the judgment of the Defendants in this court, other than the addition of the determination of the Defendants’ assertion, is the same as the written judgment of the court of first instance except for the portion

2. Part 5 No. 4 of the first instance judgment to be written or added is to be written “within 10 days” and written to “within 10 days”.

Part 8 of the judgment of the court of first instance that directly seeks damages is "1)", and the part that seeks damages by subrogation of the promotion committee or G in lieu of the promotion committee of this case or G in subrogation of the promotion committee of this case shall be divided into "2) the part that seeks damages by subrogation of the promotion committee of this case or G in lieu of the promotion committee of this case."

In light of the fact that the “business consulting service contract” in Part 7 of the judgment of the first instance court and the “in light of the foregoing,” the following parts are added on the grounds that the promotion committee, other than the Plaintiff, is the party to the sales contract for the instant real estate.

G on March 2015 between March 2015 and from the Plaintiff’s side as wages.

4. Although it appears that 8 million won has been remitted over four occasions, it shall be deemed that the Plaintiff lent 2 million won monthly remuneration paid to the Chairperson of the Promotion Committee in accordance with the rules of the Promotion Committee as the initial cost of the business in accordance with the service contract. Accordingly, G is not the Plaintiff’s employee or performance assistant. As a result, the part of the 13th lower judgment of the first instance court, i.e., the 6th lower to 2nd below, i.e., the 13th judgment of the court of first instance, i.e., “(b) in a creditor subrogation lawsuit claiming damages by subrogation of G, if the obligee’s right to the obligor is not recognized, the obligee himself.

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