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(영문) 서울동부지방법원 2019.01.16 2018나208
정산금 부당이득금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Facts of recognition;

A. From around August 2014, the Defendant agreed to dispose of the Plaintiffs and Plaintiff B’s winter D and Plaintiff B’s Eastern E’s G main points among the buildings located in Gangdong-gu Seoul Metropolitan Government E, and the said “I” points among the above buildings that were jointly operated by the I points among H, and receive the price and pay KRW 15,000,000 to Plaintiff A on January 20, 2015 (hereinafter “instant agreement”).

B. Plaintiff B filed a lawsuit claiming the settlement of accounts against the Defendant as the Seoul Eastern District Court 2015Gaso4050 on June 25, 2015, stating that “The Defendant, while operating the main points of the trade name “I” in the Defendant’s name as the Defendant’s partnership with the Plaintiff, settled the same business relationship and agreed to pay KRW 15,00,000 to the Plaintiff B with the settlement amount,” and that “the Defendant, as the Seoul East Eastern District Court 2015Gasoho4050 on June 25, 2015, requested the Plaintiff B to pay the settlement amount of KRW 15,00,000 under the said agreement, and the said court rendered a judgment that “the Plaintiff B’s claim is dismissed” on June 23, 2016.

C. Accordingly, Plaintiff B appealed the above judgment as Seoul Eastern District Court 2016Na3869, but the above court rendered a judgment that “the Plaintiff’s appeal is dismissed” on February 8, 2017, and the above judgment became final and conclusive around that time.

(hereinafter referred to as “prior civil action”). [Ground for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The plaintiffs' assertion is obligated to pay 15,000,000 won and damages for delay to the plaintiffs in accordance with the agreement of this case.

B. (1) In a case where the existence of a right or legal relationship disputing the Plaintiff B’s claim in a judgment suit has already been disputed in the previous suit between the same parties, and a final judgment thereon has been rendered, the parties cannot make any arguments that conflict with this, and the court may make a decision inconsistent with this.

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