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(영문) 대전지방법원 2015.09.16 2014나107329
손해배상(기)
Text

1. All selective claims added in the appeal and trial of the Plaintiff (Counterclaim Defendant) are dismissed.

2. Appeal;

Reasons

1. In the first instance court’s trial scope, the plaintiffs filed a claim for damages by deception as the principal lawsuit. The defendant filed a claim against the plaintiff B for the acquisition of transfer of ownership registration procedures and unpaid management expenses, unjust enrichment equivalent to management expenses, vehicle control expenses, parking fees, insurance premiums, and advance payment. The plaintiffs’ claim for the principal lawsuit was all dismissed. The plaintiffs’ claim for unjust enrichment equivalent to the transfer of ownership registration procedures, the transfer of ownership registration procedures, the unpaid management expenses and management expenses, and the defendant’s claim for unjust enrichment corresponding to the unpaid management expenses and management expenses was accepted, and the vehicle control expenses, parking fees, insurance premiums, and advance payment claims were dismissed. Accordingly, only the plaintiffs filed an appeal against the above principal claim. Accordingly, the subject of the judgment of this court is limited to the part of the

2. The reasons why this Court shall state this part of the basic facts are as follows: (a) the 3rd part of the judgment of the court of first instance “Plaintiff B” shall be dismissed “Plaintiff A” on behalf of the Plaintiff B; and (b) the 7th part from “Plaintiff A” to “the 8th part shall be deleted,” and (c) the 4 to 14th part of the judgment of the court of first instance shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the grounds of the plaintiffs' claims

A. The reasons for the court's explanation on this part of the claim for damages equivalent to the vehicle registration fee and the transportation fee by deception of transportation fee are as follows: "17,869,30 won" in Part 4 of the judgment of the court of first instance shall be as "17,867,30 won in total, 35,867,300 won in total, 35,867,300 won" in Part 5 of the judgment of the court of first instance; "A 4,5,7" in Part 8 (excluding the attached Table) shall be as "A 4,5,7,11, and 15" in Part 6 of the judgment of the court of first instance; and "5, even if the plaintiffs' assertion was terminated or cancelled, part of the transportation fee shall be deducted from the transportation fee without relation to whether the contract of this case was terminated or cancelled, thereby acquiring part of the transportation fee to the plaintiffs.

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