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(영문) 서울고등법원 2019.06.12 2018나2056689
양수금
Text

1. The plaintiff succeeding intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor succeeding to the plaintiff.

purport.

Reasons

1. The reasoning of the court’s explanation as to the instant case is as follows, except for the addition of the following determination as to the assertion by the Plaintiff-Successor, and thus, it is consistent with the reasoning of the judgment of the court of first instance. As such, this case is quoted by the main text of Article 420 of the

As to the portion of KRW 50 million paid to F, the Plaintiff’s succeeding intervenor asserts that the Defendant is liable to reimburse the Plaintiff’s succeeding intervenor in accordance with the legal principles of subrogation, since the Plaintiff’s succeeding intervenor paid KRW 50 million on behalf of the Defendant and paid KRW 50 million on behalf of the Defendant to F who acquired the claim to the Defendant for the administrative expenses equivalent thereto.

In order to establish the office management, the office work is another person's business and there is an intention to transfer the actual interest of the office to another person, i.e., the office work.

In this case, the Defendant denies the fact that F spent KRW 50 million on behalf of the Defendant, as alleged by the Plaintiff’s succeeding intervenor, inasmuch as the Defendant’s letter (Evidence A9) is inconsistent with the Defendant’s letter, the circumstances and timing of disbursement, etc., and there is no evidence to acknowledge the above disbursement, except the F’s confirmation of the F’s fact-finding (Evidence A18-1) that is difficult to believe, as it is,.

Therefore, even if the intervenor succeeding to the plaintiff paid F KRW 50 million to F, it cannot be said that F made administrative management by spending it to handle the defendant's business, and the above argument by the plaintiff succeeding to the plaintiff is without merit.

B. As to USD 1,40,00 paid to the Defendant, the Plaintiff’s succeeding intervenor did not disclose the title to receive USD 140,00,00 that the Defendant received from the Plaintiff’s succeeding Intervenor, which constitutes unjust enrichment as it was paid without any legal ground.

One of the Parties has paid a certain amount of benefit according to its own will:

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