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(영문) 전주지방법원 2020.08.19 2019나9050
손해배상
Text

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

after the filing of an appeal.

Reasons

1. The reasoning for the court's explanation of this case is that of the court of first instance, except for the rejection of each description of evidence No. 11 or No. 14, which is insufficient to reverse the facts acknowledged by the court of first instance, the reasoning for the court of first instance is that of the court of first instance except for the addition of the following "2. Additional Judgment" as to the assertion made by the defendant in this court, and therefore it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional determination

A. The Plaintiff’s assertion (the grounds of preliminary claim) did not inspect the settlement of accounts regarding the instant subsidy project, and the Defendant recovered the money given as security deposit out of the instant subsidy without any legal grounds, and acquired the shares of the Plaintiff’s own expense to be reverted to the Plaintiff. As such, the Defendant is obligated to return it in unjust enrichment.

B. In light of the respective descriptions of the evidence No. 20-3 (written inspection of the settlement of subsidies for the business of direct dealing in snow and the business of establishing a trial hall for agricultural and livestock products) and the evidence No. 20-4 (Report on the result of confirmation of the completion of the business of direct direct dealing in snow and the business of establishing a trial hall for agricultural and livestock products) respectively, the evidence submitted by the Plaintiff alone is difficult to view that the key money

In addition, since the defendant recovered the key money he contributed, the defendant acquired the contributions made by the plaintiff.

Therefore, the plaintiff's above assertion is without merit, since it is difficult to see that the obligation to return or return it arises.

3. Thus, the plaintiff's claim is all dismissed, and the judgment of the court of first instance that dismissed the plaintiff's main claim is just as it is concluded, and the plaintiff's appeal and the incidental claim added to this court are all dismissed as it is without merit, and it is so decided as per Disposition.

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