(영문) 부산고등법원(창원) 2014.10.30 2013나419

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원(창원) 2014.10.30 2013나419

대여금등

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the part of the reasoning of the first instance judgment, except where part of the reasoning of the first instance judgment is used as stated in the following paragraph (2). Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On the third part of the judgment of the court of first instance, the "Furg" of the 15th part of the judgment is regarded as the "Chairperson".

B. On the 14th sentence of the first instance court decision, the witness and its “court” are respectively referred to as the witness of the first instance court and the court of the first instance.

C. Each entry of evidence Nos. 1, 14, 17, 19, 20, and 21 of the first instance judgment No. 20 of the first instance court’s Act No. 20, the “this court” is deemed to read “A” No. 1, 14, 17, 19, 20, 21, 36, 37, and evidence Nos. 28 and 29 of the second instance court’s Act, and “the court of the first instance.”

From 21th to 6th of the first instance judgment, the first to 20th of the second instance judgment are as follows.

The fact that the deposit was remitted to KRW 200,000,000, the above KRW 60,000,000 out of the above KRW 200,000,000 was used as the deposit for the office of the defendant association, but the registration of chonsegwon was completed in the name of the plaintiff joint venture and the non-party joint venture company. The plaintiff joint venture and the promotion committee of this case are obligated to pay the above KRW 283,550,500 (= KRW 143,550,50,500 - KRW 200,000,000 - 60,000,000,000) to the promotion committee of this case as the partnership operation expenses, etc. Thus, the defendant association succeeding to the rights and obligations of the promotion committee of this case has the obligation to pay the above KRW 283,50,505,000 and damages for delay to the plaintiff joint venture.

E. 4. The part of the claim for return of unjust enrichment (the grounds for preliminary claim) is as follows, from No. 28 to No. 13, No. 19 to 38.

4. Claim for return of unjust enrichment;

A. On the ground that the duty to return unjust enrichment 1 in the instant construction design service agreement was established, Gap evidence Nos. 4, 5, 21, and Gap.

참조조문

-민사소송법 제420조

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