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(영문) 서울동부지방법원 2017.04.21 2016나3999
계약금등반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Reasons for the court ruling of the first instance to be stated in this case; and

2. The reasoning of the judgment of the court of first instance is the same as that of the judgment, except for a change in subsection (b) below, and thus, this is cited in accordance with the main sentence of Article 420

【Revised Part】

B. 1) In relation to the instant reconstruction project, Defendant B received KRW 7,00,00 from the Plaintiff, and Defendant C received KRW 38,00,00 from the Plaintiff respectively, as seen earlier. According to the overall purport of the pleadings, it is recognized that the Plaintiff filed a complaint against the Defendants for fraud while the Plaintiff was responsible for the reconstruction project around November 7, 2014. Thus, the above construction entrustment agreement was terminated due to the delivery of the copy of the complaint of this case stating the intent to cancel the said construction entrustment agreement on the ground of or on the above circumstances. The Plaintiff is obligated to return the said KRW 7,00,000 to the Plaintiff. Defendant C is obligated to return the said KRW 38,00,00,000 on behalf of the Plaintiff. The Plaintiff was engaged in reconstruction-related business as de facto marital relationship, and the Plaintiff paid KRW 70,000 to the Defendant C through the Defendant’s receipt of the business promotion expenses, and the Plaintiff paid KRW 30,000,00.

The following circumstances, which are acknowledged by the purport of Gap evidence 3, Nos. 4-1, 2-1, and 2 as a whole, are confirmed by the plaintiff, because he was aware of the mobile phone contact number of the defendant Eul, so he could have easily confirmed whether the defendant C was entitled to receive business promotion expenses on behalf of the defendant Eul.

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