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(영문) 서울고등법원 2018.07.19 2018나2009966
공사대금
Text

1. Of the judgment of the court of first instance, the part against each of the plaintiffs that ordered payment is revoked.

Reasons

1. The reasoning of this court concerning this part of the basic facts is as stated in Paragraph 1 of the judgment of the first instance, except for the following parts, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(A) An abbreviationd name set forth in paragraph (1) of the judgment of the court of first instance shall be used as it is. 2 to 5 Na from the fourth to the fourth of the judgment of the court of first instance.

3 The parts of paragraphs 3 shall be dried as follows:

“3) The Plaintiffs, including public charges, paid KRW 3,673,140 on April 1, 2014, (i) the land development charges and additional dues 25,592,180 won imposed on the Defendant with respect to the land Nos. 1 and 9 of this case; and (ii) on April 9, 2014, paid KRW 3,673,140 on the land No. 1 of this case in lieu of the Defendant; and (iii) transfer KRW 2,828,110 on the same day to the Defendant account for the payment of acquisition tax, property tax, etc. imposed on the Defendant with respect to the land No. 7 of this case and Pyeongtaek-si T, and KRW 32,093,430 (hereinafter collectively referred to as

A. The expenditure was made.

2. Although the plaintiffs' assertion did not have a duty to pay the public charges, etc. of this case imposed on the defendant, they paid or remitted total of KRW 32,093,430 to the defendant, the defendant is liable to pay the above amount and damages for delay due to the repayment of expenses incurred in office management or the return of unjust enrichment to the plaintiffs.

3. We examine the Plaintiffs’ selective claims for reimbursement of expenses incurred in managing office affairs.

A. In order to establish relevant legal affairs management, it is required that, first of all, the relevant affairs are affairs of others, and there is an intention to vest the actual benefit of management on behalf of others, that is, the intention to vest in others. Furthermore, it is not clear that the processing of such affairs is disadvantageous to the principal or against his will.

Here, ‘a business for another person' is dealt with.

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