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(영문) 대전지방법원 2020.11.13 2019나113916
부당이득 반환 등
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In a lawsuit on property right to determine the legitimacy of a lawsuit, it is impermissible, in principle, that the subject of right to manage and dispose of the rights or legal relations, which are the subject of the lawsuit, delegates the relevant lawsuit to a third party, as it constitutes a discretionary litigation trust.

However, the principle of attorney-at-law representation under Article 87 of the Civil Procedure Act or the prohibition of the trust in a lawsuit under Article 6 of the Trust Act is not a law to avoid the prohibition of the trust in a lawsuit.

Furthermore, in light of such legal principles, it is reasonable to view that the Plaintiff is a party to the accident that the Plaintiff is responsible for the repair cost of the damaged bus; when the organization, which is the insurer, erroneously pays the repair cost, the Plaintiff ought to pay its own contributions in excess of the compensation limit for property damage or puts any disadvantage in calculating the future insurance premium; the Plaintiff filed the instant lawsuit by acquiring the claim for direct remedy for infringement of rights, which is not accepted even though the Plaintiff expressed complaints regarding the performance of the insurer’s duties; and the Plaintiff appointed an attorney-at-law and performed the lawsuit.

3. Judgment on the merits

A. Even if the Defendant’s failure to repair it was pretended as if it was actually done or it was not required to repair it, the Plaintiff is at least 6,201,935 won in total to repair it,

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