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(영문) 수원지방법원 2020.11.25 2019나92506
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's second preliminary claim added by this court are all dismissed.

2. Appeal;

Reasons

1. The reasons for the acceptance of the first instance judgment are as follows: (a) the first instance court’s “preliminary” of the second and fourth instances of the first instance judgment is used as “first preliminary”; and (b) the third and second instances of the first instance contract is used as “operating agreement”; and (c) the second preliminary claims added by the Plaintiff to this court are as follows: (a) the second and second instances of the second preliminary claims added by the Plaintiff are identical to the reasons for the first instance judgment, and thus, they are cited as they are in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination (Judgment on the second preliminary claim);

A. Even if the Plaintiff’s assertion that the partnership contract was not concluded between the Plaintiff and the Defendant, the Defendant, without any legal ground, obtained profit equivalent to KRW 90,000,000, which the Plaintiff paid to the Defendant, and thereby incurred a loss equivalent to the same amount to the Plaintiff. Therefore, the Defendant should return the said KRW 90,000,000 to the Plaintiff as unjust enrichment.

(b) A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall return such benefit.

(Article 741 of the Civil Act). With respect to the instant case, there is no dispute between the parties as to the facts of E, not the Plaintiff, but the Plaintiff’s private village type (participation in the consultation process related to the operation of the business). However, it is difficult to recognize that E has suffered any loss due to the transfer of money to the Defendant by the Defendant, and there is no other evidence to acknowledge this differently, the Plaintiff’s above assertion is without merit.

3. If so, the plaintiff's primary and secondary claims should be dismissed for all reasons.

The judgment of the court of first instance as to the plaintiff's primary and preliminary claims is just in conclusion, and thus, the plaintiff's appeal and the second preliminary claims added by this court are dismissed, and the decision of the court of first instance as to the plaintiff's primary and preliminary claims are delivered to the plaintiff.

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