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(영문) 서울고등법원 2016.02.18 2014나56463
약정금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Each conjunctive claim of the Plaintiff (Counterclaim Defendant) added at the trial.

Reasons

1. In the first instance court’s trial scope, the Plaintiff, as the principal claim, filed a claim for damages for failure to pay the agreed amount or the agreed amount as the principal claim, as the conjunctive claim, and filed a claim for return of unjust enrichment as the second claim. The Defendant claimed a return of unjust enrichment as the second claim, but all dismissed.

In this regard, the plaintiff appealed only the plaintiff, but only in the first instance court accepted the claim for damages due to non-performance of the obligation to pay the selective claimant's agreed amount among the primary claims of the first claim, the first preliminary claim for damages, the second preliminary claim for damages, and the second claim for the settlement of unjust enrichment, and the second claimant's claim for the return of unjust enrichment was modified to add the conjunctive claim for the return of unjust enrichment.

Therefore, the scope of this Court's trial is limited to the primary claim of the 1st claim, the 1st, the 2nd preliminary claim, and the primary claim of the 2nd claim.

2. Basic facts

A. On April 209, the Plaintiff entered into a joint agreement with the Defendant and C (hereinafter “C”) to jointly carry out the construction supervision service business (hereinafter “instant business”). On March 18, 2009, the Defendant registered the Plaintiff as the Defendant’s joint representative director on the corporate register on March 18, 2009.

The main contents are as follows:

Article 1 (Purpose of the Arrangement) The purpose of this Arrangement is to clarify the scope, rights, obligations and responsibilities between the defendant and the plaintiff for the smooth acceptance and performance of supervision services, and to facilitate the Project in this case on the basis of mutual trust and good faith.

Article 3 (Scope of Services)

1. The defendant's business scope (1) is the defendant's office.

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