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(영문) 서울고등법원 2018.11.07 2018나2024491
부당이득금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

. The reasoning for the judgment of the court of first instance is as follows, and the reasoning for the judgment of the court concerning this case is as follows, and thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] The 5 PT (PT) and each note 1 below the 3th judgment of the first instance court are as follows: “PT (PF). The 4th judgment of the first instance court and the 5th 5th ambling and each week 2) are as follows: “*: When the commencement of construction is not possible by August 10, 2013, each of them shall be deemed as performing the commitment as agreed.”

The 4th 9th 9th 1st 7th 12th 7th 12th 7th 7th 12th 7th 13th 13th 13th 13th 20th 8th 20th 8th 8th 20 d.(c) as follows.

A person shall be appointed.

A. The issue of the Defendants’ liability based on the confirmation document or each letter of confirmation and the parties’ assertion that there was no direct contractual relationship between the Plaintiff and the Defendants as to the temporary materials, which is the most important issue in this case whether the Plaintiff is entitled to seek compensation for damages for the loss of materials and rent for the use of materials based on the confirmation document or each letter. The Plaintiff, although not directly leased the temporary materials to the Defendants, agreed to hold the Defendants liable for all of the charges for the Plaintiff’s temporary materials installed at the construction site in this case through the confirmation document and each letter, the Defendants shall pay the amount equivalent to the rent for the period during which the materials are installed and compensate for damages equivalent to the value of the lost materials. On the other hand, the Defendants asserted that they are not the parties who leased the temporary materials from the Plaintiff, and therefore their liability for the temporary materials should be D, and in full view of the confirmation document and each letter, the Defendants shall be held liable for the rent for the said temporary materials.

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