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(영문) 부산지방법원 2016.11.25 2016나45684
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

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following determination as stated in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendants asserted that the part of the further determination was cancelled pursuant to Article 109 or Article 110 of the Civil Act, since the Plaintiff deceivings the Defendants on the important disbursement matters, and that the Defendants failed to sign and seal the evidence No. 1.

However, the evidence presented by the Defendants alone was insufficient to deem that the Plaintiff deceivings the Defendants as alleged by the Defendants.

In light of the above, there is no other evidence to prove that the Defendants made a mistake in the important part, and there is no other evidence to prove this, the above defense of the Defendants is without merit.

The Defendants asserted that the Defendants’ claim against the Defendants amounting to KRW 90 million exceeding the Plaintiff’s amount of damages is in violation of the good faith, in the event that the Defendants actually did not receive any wage from the Plaintiff even though they performed the management work related to the above construction

However, the evidence submitted by the Defendants alone was properly conducted as agreed upon by the Plaintiff.

It is insufficient to recognize the fact that the Plaintiff filed a claim for money exceeding the amount of the Plaintiff’s damages, and there is no other evidence to acknowledge it, so the above assertion by the Defendants is without merit without further examination.

3. Thus, the plaintiff's claim against the defendants is justified in its entirety, and the judgment of the court of first instance is just in its conclusion, and the appeal by the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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