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(영문) 서울중앙지방법원 2017.06.16 2016나68481
약정금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The key issue of the instant case is ① whether the delegation contract was concluded between the Plaintiffs and Defendant C regarding the cancellation of the provisional disposition registration of this case, and ② whether Defendant C bears the employer’s responsibility under Article 756 of the Civil Act as the employer of G.

The grounds for appeal by the Plaintiffs do not differ significantly from the allegations in the first instance court, except for the withdrawal of the claim as to the return of unjust enrichment, and even if examining all the evidence submitted in the first instance court and the first instance court closely, the finding of facts in the first instance court and the determination (i.e., the counter-party to the delegation of the duties of cancelling the registration of provisional disposition in this case by the Plaintiffs is not Defendant C but G and H, and (ii) the duties delegated by the Plaintiffs to G are difficult to be deemed to be related to Defendant C’s performance in appearance, and even if they are deemed to fall within the scope of Defendant C’s performance of duties, the Plaintiffs did not appear to have known, or did not have

2. According to the acceptance of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used or added (including deletion) as follows, the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

Part IV through six of the decision of the first instance court shall be deleted.

The first instance court's decision of 4th 7th '3th '' and 9th '4th '' shall be applied respectively to "2th ' and 3th '3'.

The 4th to 5th shall be deleted from the judgment of the first instance.

The 5th written judgment of the first instance court shall consist of the 5th 14th 14th '(3)' to the 2th '2th '.'

The following shall be added to the sixth 15th of the judgment of the first instance:

In addition, as alleged by the plaintiffs in the trial, the duties delegated by the plaintiffs to G are cancelled from the new system with their own effort.

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