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(영문) 대구지방법원 2019.06.12 2018나319823
부당이득금
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

The first instance court.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion ① due to the conflict between Defendant B and Nonparty D (Defendant C’s partner), and due to intimidation and intimidation, E Co., Ltd. (hereinafter “E”) paid KRW 22,770,00 of the construction cost that may not be paid to Defendant C, or suffered damages that Defendant C would have directly paid KRW 57,427,70 from the original company of Party E.

② The Plaintiff holds 3.4/11.4 shares in E.

③ Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 23,918,600 won = (22,770,000 won) ¡¿ 57,427,700 won x 3.4/11.4] and damages for delay.

B. Examining all the evidence submitted by the Plaintiff, it is insufficient to acknowledge that the Plaintiff’s assertion 1, such as the Plaintiff’s allegation, intimidation, and the occurrence of damages.

The Plaintiff brought a lawsuit against Non-Party F seeking payment of KRW 22,770,60, which was claimed in the instant case, regardless of the amount claimed in F and Defendant B’s public conflict or intimidation, and KRW 57,427,700 was paid to Defendant C, and KRW 23,918,791 ( KRW 57,427,700) x 3.4/11.4) by asserting that “The Plaintiff brought a lawsuit against Non-Party F to seek payment of KRW 23,918,791 ( KRW 57,600 ( KRW 57,427,700) x 3.4/11.4), but the judgment dismissing the claim became final and conclusive on the grounds that there

(Seoul District Court Decision 2016Na14964, and Supreme Court Decision 2017Da26164, supra). Therefore, the Plaintiff’s assertion is without merit without further determination.

2. If so, the Plaintiff’s claim against the Defendants should be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and all of the plaintiff's appeal is dismissed.

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