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(영문) 대법원 2020.09.03 2020다212934
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The lower court dismissed all the Plaintiff’s primary claim against the Defendants on the ground that the instant agreement (which constitutes an investment agreement or a monetary loan agreement) cannot be deemed a monetary loan agreement, based on the facts and circumstances stated in its reasoning, on the grounds that the instant agreement cannot be deemed a monetary loan agreement.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the distinction between the legal nature of the investment agreement and the monetary loan agreement, the establishment and scope of application of the weak meaning of the transfer security agreement, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

2. The lower court rejected the Plaintiff’s assertion on the conjunctive claim against Defendant B (ground of appeal No. 3) and dismissed the Plaintiff’s conjunctive claim against Defendant B, on the grounds as indicated in its reasoning, that “Although Defendant B was permitted by the Plaintiff to sell the instant provisional registration real estate S, T land, and buildings on its ground, this constitutes accord and satisfaction, and thus, is obligated to return the remainder after deducting the Plaintiff’s obligation from the real estate sales price as unjust enrichment.”

The judgment below

Examining the reasoning of the record in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the duty to settle the time limit for the disposal of real estate by delegation of comprehensive disposal authority, the reservation of payment in kind, the weak meaning of security for transfer, and the return of unjust enrichment, etc.,

3. Determination on the assertion regarding the conjunctive claim against Defendant C (Ground of appeal No. 2) The lower court is based on a provisional registration transfer regarding the instant provisional registration real estate.

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