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(영문) 부산고등법원 2017.11.01 2016나58423
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance, which cited this case, is the same as the statement in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420

In addition, the aforementioned facts and the evidence as mentioned above and the purport of the argument in Eul evidence No. 22 can be seen as 15,290,000 won in the construction contract of the US and the association of this case. Among them, 9,166,000 won in the construction contract of the association of this case and 6,124,000 won in the remainder of 6,000 won in the loan amount of the association of this case, such as compensation, office expenses, and reserve funds, and 1,680,000 won in office expenses and 70,283,99 won are expected to be used as compensation for officers and employees of the association of this case and for business promotion expenses of the association of this case. However, in light of the fact that U and the association of this case did not lend all loans as stipulated in the construction contract of this case to the association of this case and that the association of this case did not complete the construction work expenses, it is difficult to view that the plaintiff was transferred the association of this case to the association of this case.

Even with different views, the instant union’s demand to the Plaintiff for the said money constitutes a tort in relation to the Plaintiff.

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