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(영문) 대구지방법원 2016.10.12 2016나300467
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning of the court of first instance’s explanation as to the instant case is that of the Plaintiff’s corresponding part of the grounds of the first instance judgment, except where the Plaintiff added a judgment on the newly raised argument in the trial, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff asserts that the defendant is obligated to pay the necessary or beneficial expenses incurred by the plaintiff to the plaintiff in accordance with the provisions on the management of affairs under the Civil Act, since the plaintiff added part of the work.

However, a person who performs another person's business without any obligation may file a claim for reimbursement of expenses, etc. under the Civil Act against the other person. However, if he/she performs another person's business in accordance with a separate agreement, he/she does not perform the other person's business without any obligation, so in principle, it cannot be viewed as a management of affairs in relation to the other person (see, e.g., Supreme Court Decisions 2012Da43539, Sept. 26, 2013; 94Da5943, Sept. 15, 1995). Since there was no dispute between the parties as to the fact that there was a separate agreement on construction between the original and the defendant (However, the plaintiff asserts that the nature of the agreement is an employment contract, and the defendant asserts that the contract is a contract). Thus, the plaintiff's claim based on

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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