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(영문) 서울중앙지방법원 2018.06.11 2017나60224
용역비
Text

1. Revocation of the first instance judgment.

2. All of the claims filed by the Plaintiff against the Defendant (Appointed Party) and the designated parties.

Reasons

1. Basic facts

A. On November 3, 2015, the Plaintiff, the Defendant, etc. agreed to hold an opportunity for the Emergency Countermeasures Committee on Urban Development Projects (hereinafter “Non-Subrogation”) to organize a non-Subrogation, and signed the minutes containing the following: “Expenses incurred by non-Subrogation in the future shall be collected.” However, the Plaintiff, the Defendant, etc. signed the minutes (hereinafter “instant minutes”).

B. The Plaintiff was presumed to be the chairman of non-Subrogation in the above opportunity, and had engaged in its activities as the chairman around that time, and suspended its activities around March 2016.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion 1) while working as the chairperson of the non-Subrogation, used the costs of KRW 5,242,170 in total for non-Subrogation from December 2, 2015 to February 29, 2016. The Plaintiff and the Defendant agreed to collect the costs of non-Subrogation at the time of the occurrence of the opportunity. As such, the Plaintiff and the Defendant are obligated to pay KRW 1,048,434 to the Plaintiff each of the above costs (1/5) out of the costs borne by the Plaintiff according to the agreement. (2) Although the Defendant’s assertion and the Defendant agreed to share the cost of non-Subrogation at the time of the occurrence of the opportunity of non-Subrogation, the Plaintiff, the chairperson of non-Subrogation, changed the agreement to bear the above costs, the Defendant, etc. did not bear the obligation to pay the costs incurred by the Plaintiff.

B. According to the above basic facts, it is recognized that the Plaintiff and the Defendant agreed to share expenses incurred in subrogation at the time of the opportunity. However, in light of the following circumstances, the Plaintiff and the Defendant, etc., who are the chairman after the opportunity of the opportunity, may be acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the statements Nos. 1, 5, and 7.

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