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(영문) 서울고등법원 2018.06.21 2017나2047398
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. At the preliminary claims added by this Court:

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, and the judgment on the conjunctive claim related to the input money of this case, which the plaintiff added to the defendant corporation in this court, is as stated in the reasoning of the judgment of the court of first instance, and such judgment is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“Judgment on the claim against the Defendant Corporation 2.” at the bottom of the 3rd page is the “Judgment on the primary claim against the Defendant Corporation related to the instant input money.”

The part between the 7rd and 5th parallel at the bottom of the 3rd parallel, and the part between the 8rd parallel and the 13rd parallel at the same 7th parallel parallel parallel (the part demanding loans of KRW 240,000,000 to the defendant corporation excluded from the scope of a trial in this Court) shall be deleted.

2. Determination as to the conjunctive claim against the Defendant corporation relating to the instant inputs

A. Since 145,00,000 won out of the Plaintiff’s assertion was used for the operating expenses of the instant education center operated by the Defendant corporation, the Defendant corporation is obligated to pay the said money and its delay damages to the Plaintiff due to the repayment of expenses or the return of unjust enrichment arising from the management of the business.

B. The Plaintiff used 145,00,000 won out of 200,000,000 won deposited into the instant education center account on July 30, 2015 as the operating expenses of the instant education center; and the Plaintiff, on June 2, 2015, lent 240,000,000 won to the Defendant corporation as the head of the instant education center and actually disbursed operating expenses as above while working as the head of the education center; however, the Defendant corporation appointed F, which is not the Plaintiff, as the head of the instant education center around November 2015.

If, without any obligation, a person who manages affairs on behalf of another person has disbursed necessary or beneficial expenses for the principal, he/she may demand reimbursement thereof from the principal (Articles 734 and 739(1) of the Civil Act). Thus, the defendant corporation shall be the plaintiff, and the plaintiff shall be the law.

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