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(영문) 서울고등법원 2019.10.31 2019나2008175
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the part of “1. Basic Facts” from No. 1 to No. 5 of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasons why the court should explain this part of the judgment on the cause of the claim are as stated in the part of the judgment of the first instance court except for the part of the "2. Judgment on the cause of the claim" in addition to the expenses incurred by Defendant C for the management of delegated affairs and the part of the obligation to return following the termination of the delegation contract of this case," which is the same as the part of the "2. Judgment on the cause of the claim" in the main sentence of Article 420 of the Civil Procedure Act. Thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B) As examined below, the Defendant’s payment of KRW 81,187,40 in the sum of hospital expenses (20,386,200), nursing expenses (5,391,190), medicine expenses and goods purchase expenses (1,809,990), and funeral expenses (3,600,000) of the deceased H for the purpose of handling the delegated affairs. As such, the above money should be deducted from the money that the Defendant should return after handling the delegated affairs.

① According to the evidence evidence Nos. 6, 7, and 52 of hospital expenses Eul, the Defendant, from April 14, 2006 to September 8, 2008, spent KRW 14,568,540 in terms of medical expenses and medicine expenses, and spent KRW 1,317,680 in the Z medical center for the purpose of the deceased H from July 27, 2006 to November 14, 2006, together with the fact that the Defendant, from January 12, 2007 to June 11, 2007, spent KRW 4,50,000 in the Z from the Z medical hospital to the deceased’s treatment expenses.

Therefore, the sum of KRW 20,386,220 is used by the Defendant for the purpose of the network H in accordance with the purport of the instant delegation agreement.

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