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(영문) 서울중앙지방법원 2014.08.19 2013나63454
부당이득금반환 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning the instant case is as follows, except for adding the following judgments to the pertinent part, thereby citing the reasoning of the first instance judgment as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff asserts that the Defendants agreed to the name lending of this case by the president H and the representative director I, etc. to take part in the violation of the Mutual Savings Banks Act and the act of occupational breach of trust, and received compensation in consideration thereof. Thus, the above agreement constitutes a juristic act with a content that violates good morals and other social order under Article 103 of the Civil Act, and thus null and void, and that the remuneration received by the Defendants should be returned to unjust enrichment, since it is the profit that was received

As the other party to a transaction with an executor of an act of breach of trust is basically engaged in a transaction in the opposite part with a separate interest from the executor, and thus, if the other party to the transaction actively participates in an act of breach of trust, such as inducing or inducing the other party to commit the act of breach of trust, or participating in the whole process of the act of breach of trust, the contract entered into with the executor may be null

However, in a case where the degree of involvement does not reach the degree of involvement, and in light of the overall legal order, it can be evaluated that the other party to the transaction has social reasonableness when comprehensively considering the motive, purpose and intent of the contract, the content of the contract, the necessity or relevance of the required measure, the relationship with the other party to the transaction, etc., such as demanding necessary measures in order to avoid risks arising from independent transactions and protect reasonable interests in the opposite part, etc., the other party to the transaction is the executor who is in charge of concluding the contract.

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