logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.02.02 2016나105006
대여금
Text

1. The appeal by the defendant C Association is dismissed.

2. The appeal costs are borne by Defendant C Association.

purport, purport, and.

Reasons

In the first instance court of this case, the Plaintiff asserted that the Defendant Corporation B (hereinafter “B Association”) made the primary defendant a loan and the claim for restitution of unjust enrichment as a preliminary claim.

The same shall also apply to the defendant C Association.

The Defendant C Association (hereinafter “C Association”) sought a judgment identical to the description stated in the purport of the claim while filing a claim for return of unjust enrichment and the conjunctive Defendant C Association (hereinafter “C Association”). The court of first instance rendered a decision to dismiss all of the claim for loans against the Defendant C Association (not regarding the claim for return of unjust enrichment) and to partially accept the claim for return of unjust enrichment against the Defendant C Association. Accordingly, the Defendant C Association filed an appeal regarding the part against the said Defendant among the judgment of the first instance.

On the other hand, if the claim against the conjunctive defendant was accepted in the first instance trial and only the conjunctive defendant appealed, the judgment of the first instance court against the winning defendant B Association is not finalized and it is transferred to the appellate court.

In the end, only the part of the Plaintiff’s claim for the return of unjust enrichment against the Defendant B Association, and the claim for return of unjust enrichment against the Defendant C Association (the Plaintiff’s claim for loans to the Defendant as the primary claimant against the said Defendant was not dissatisfied with, and thus, cannot be subject to a trial) is within the scope of the judgment of the court.

Basic Facts

The defendant C Association is an affiliated organization established in accordance with the articles of incorporation of the defendant B Association.

From April 26, 2010 to November 30, 2014, the Plaintiff is a person who served as the president and the F director of the Defendant C Association. D was a person who was in charge of the president of the G branch under the Defendant C Association, and E was a person who was in charge of the secretary-general in F.

The Plaintiff between the Plaintiff and the Defendant C Association shall use the money transaction relationship as the operating capital of the Defendant C Association from May 26, 2010 to November 22, 201.

arrow