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(영문) 대법원 2016.03.10 2015다236677
약정금
Text

The judgment below

The part against the defendant Jincheon-gun among the cases is reversed, and this part of the case is to be decided by the Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant B in light of the record, the lower court is justifiable to have determined that Defendant B, who is a public official of Jincheon-gun, Jincheon-gun (hereinafter “Defendant Jincheon-gun”), inflicted damage on the Plaintiff by gross negligence in the course of performing his duties, and that Defendant B was liable to pay to the Plaintiff the amount agreed upon on the performance letter as of December 26, 201. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, or by misapprehending the legal doctrine on the interpretation of disposal documents and intent.

2. As to the third ground for appeal by Defendant Jincheon-gun

A. citing the reasoning of the first instance judgment, the lower court partially cited the reasoning of the first instance judgment, and found the following: (i) the Plaintiff is a credit service provider that completed registration of credit business; (ii) the Defendant Company B was in charge of agricultural support-related work from around 2009 as the public official belonging to the Jincheon-gun as the head of the agricultural team; and (ii) the Defendant Jincheon-gun promoted the rice processing plant construction support project in Korea (hereinafter “instant project”); (iii) around February 18, 201, Jincheon-gun, Inc., Ltd. (hereinafter “Songcheon-do”) applied for the grant of national highway subsidies of the specialized product development support project in March 3, 201 as the public official of the Defendant Jincheon-gun; and (iv) around 18, 2011, Jincheon-gun, Inc. notified Nonparty 2 of the decision to grant the instant subsidies to Nonparty 360,000,000 won to the Korea National Housing Corporation (amended by Act No. 1068, Mar. 2, 2019, 2018).

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