(영문) 대구고등법원 2019.01.18 2018나23842

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(영문) 대구고등법원 2019.01.18 2018나23842

추심금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the relevant part of the reasoning of the judgment of the court of first instance is modified as stated in Paragraph (2) below; and (b) the supplementary judgment of the court of first instance is as stated in the grounds of the judgment of the court of first instance, except for adding “the supplementary judgment of the court of first instance” under Paragraph (3) below.

2. Parts of correction of the trial;

A. In the fourth and sixth conduct of the first instance judgment, “ September 22, 2014” shall be amended to “ August 22, 2014.”

B. Of the fifth to fourth of the judgment of the first instance, “C was paid KRW 165,00,000 from the Defendant out of the service costs under the instant service contract” is amended to “the Plaintiff is a person for whom C received KRW 165,00,000 from the Defendant out of the service costs under the instant service contract,” and “the amount of reimbursement” in the sixth to fourth of the judgment of the first instance.

C. The “4. Conclusion” in the 8th sentence of the first instance judgment is amended to “4. Subsemy,” and the “5. Conclusion” is inserted between 8th and 15 of the first instance judgment.

2) Under Article 71 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10416, Dec. 27, 2010), except as otherwise provided for in this Act, the provisions on delegation under the Civil Act shall apply mutatis mutandis to the relationship between a management entity specialized in improvement projects and a management entity specialized in improvement projects, who has entrusted or requested to provide advice.

In the absence of a special agreement, a mandatary may not demand remuneration from the mandator (Article 686(1) of the Civil Act); if the mandatary is to receive remuneration, he may not demand it until the entrusted affairs are completed; but if the mandatary has determined remuneration for the specified period, he may demand it at the expiration of the period.

(Article 686 (2) of the Civil Code), No. 12-3.

참조조문

유사 판례

-대구고등법원 2019.1.18. 선고 2018나23842 판결

-대구고등법원 2019.01.18 2018나22115

-대구고등법원 2019. 01. 18. 선고 2018나22115 판결

-서울고등법원 2017.09.14 2017나2014855

-서울고등법원(춘천) 2019.12.18 2019누915