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(영문) 대법원 2012.05.24 2012다13613
공사대금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

In light of the purport of the whole pleadings and the result of the examination of evidence, the court shall render a judgment of the fact-finding with free conviction in accordance with logical and empirical rules on the basis of the principle of free evaluation of evidence, so long as it does not exceed the bounds of the principle of free evaluation of evidence, the value judgment and fact-finding belong to the discretion of the fact-finding court, and the

(Article 202 and Article 432 of the Civil Procedure Act. The main point of the grounds of appeal is as follows: (a) With respect to the removal of houses and the handling of waste affairs alleged by the Plaintiff, the fact of entering into a contract for work, acting as an expression agent, ratification of acts without authorization, establishment of an implied contract, or unjust enrichment equivalent to the origin or origin of an implied contract; and (b) in addition, with respect to KRW 100 million claimed by the Plaintiff, the fact of the lending agreement, acting as an expression agent, unjust enrichment, or transfer agreement between the Defendant is recognized; (c) however, the lower court’s judgment that did not recognize it was erroneous in its determination that it erred by misapprehending the legal doctrine, and thus, the substantial assertion is nothing more than erroneous in the selection of evidence

In addition, even if the reasoning of the lower judgment is examined in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by violating the relevant legal principles.

Therefore, we cannot accept the allegation in the grounds of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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