(영문) 대구지방법원 2019.12.12 2019나311291

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(영문) 대구지방법원 2019.12.12 2019나311291

손해배상(기)

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1. The part concerning Defendant B among the judgment of the court of first instance is revoked.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. On December 2017, the Plaintiff asserted that the Defendant and C were assigned to the Communications Corporation in Myanmar, and that the Defendant and C continued to participate in the said Project, and that on January 4, 2018, the Plaintiff sent KRW 10 million on January 5, 2018 to the Defendant and C sent funds necessary for the establishment of an office for the Myanmar project.

Although the Plaintiff requested the return of the above money, the Defendant should jointly return the above KRW 10 million and the delay damages therefor with C.

2. The Plaintiff agreed to receive future return and paid KRW 10 million to the Defendant solely based on the evidence submitted by the Plaintiff.

(2) If the project of the Myanmar does not proceed, it is not sufficient to deem that the above money was returned from the defendant and the above money was paid, and there is no other evidence to acknowledge it.

[The court below determined that the plaintiff's claim against the defendant for damages due to a tort is without merit, and that the plaintiff's claim against the defendant for damages due to a tort is not sufficient to recognize the fact that the plaintiff used 10 million won as the expenses of the office for the Myanmar project, and the evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant acquired 10 million won as the expenses of the office in awareness that the plaintiff did not proceed with the Myanmar project, and there is no other evidence to recognize it.). 3. In conclusion, the plaintiff's claim against the defendant against the defendant is without merit, and thus dismissed.

Of the judgment of the first instance, the part against the defendant in the judgment of the court of first instance is unfair, and thus, the defendant's appeal is accepted, and the part against the defendant in the judgment of first instance is revoked, and the plaintiff'

유사 판례

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