logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.09.10 2015다208160
부당이득금반환 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In a case where the performance under the contract becomes the benefit of a third party as well as the contracting party, if the contracting party who has performed the contract can claim the return of unjust enrichment from the third party in addition to claiming the return of unjust enrichment from the contracting party, this would not only be contrary to the basic principles of contract law because it would transfer the risk of the contract under one’s own responsibility to the third party, and it would also be contrary to the basic principles of contract law. Furthermore, the contract party, who is the creditor, was given preferential treatment compared to the general creditors of the other party to the contract, thereby impairing the general creditor’s interest and infringing a third party’s right of defense, etc., which the other party to the contract, and thus, in such a case, the contracting party who performed the contractual benefit cannot

In light of the aforementioned legal principles and records, even if part of the purchase price of shares paid by the purchaser of the instant share purchase agreement to the Franchising Development Co., Ltd. was used in repayment of the borrowed loan obligation to the Defendants, the lower court is justified to have determined that the Plaintiff, who received the right to claim the return of the purchase price from the purchaser of the instant share purchase agreement, could not claim a return of unjust enrichment directly against the Defendants, who are not the parties to the instant share purchase agreement. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the elements for establishing unjust enrichment.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against them.

arrow