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(영문) 대법원 2020.11.05 2019다260692
손해배상(기)
Text

The judgment below

The part against the Defendant regarding the conjunctive claim is reversed, and this part of the case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The lower court, based on its stated reasoning, determined that the Defendant and D cannot be deemed to have concluded a sales contract for a snick snick snick snick snick snick snick snick snives.

The judgment below

Examining the reasoning of the judgment below in light of the record, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the determination of contractual parties or by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence

2. The lower court rejected the Defendant’s assertion that the Defendant had bona fide acquired the instant snick snick snick snick snick snick snick snicking

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine regarding bona fide acquisition, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

3. Determination on the third ground for appeal (calculated of unjust enrichment)

A. The lower court: (a) determined that the Defendant paid the balance to D with a claim against D, which was set off against part of the amount equivalent to the snick snick snick snick snick snick snick snick snick snick snick

(1) The court below rejected the Defendant’s assertion that there was no evidence to acknowledge that the Plaintiff granted D the right to receive the payment of the instant sniven sn sn sn sn sn sn sl sl sl sl sl sl sl sl sl sl sl sl sl sl sl sl sl s

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