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(영문) 수원고등법원 2020.09.03 2019나19494
채무부존재확인
Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who has exceeded the following amount ordered to pay the counterclaim.

Reasons

1. The reasons for this part of the basic facts are as stated in the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the principal lawsuit and counterclaim claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s assertion and the Defendant’s argument are as indicated in the attached Table 1 that the Plaintiff is liable to pay to the Defendant and the amount that the Defendant is liable to pay to the Plaintiff. Ultimately, the Defendant is liable to pay the Plaintiff KRW 48,646,711 and delay damages therefrom. In this case, the Plaintiff’s payment of medical expenses to the Plaintiff or treatment on behalf of the Defendant on behalf of the Defendant was 85,367,170 won (i.e., refund payment of KRW 10,60,000, KRW 74,767,170, and KRW 170 (hereinafter referred to as “patient-related assertion”).

The legal basis for the remaining remaining amounts of the settlement is ① distribution of residual assets from dissolution of a partnership or ② settlement based on the agreement on the same business in this case due to the termination of the partnership relationship. The legal basis for the patient-related assertion is ① compensation for violation of the defendant's duty not to inflict damage on the plaintiff who is a partner under the agreement on the same business in this case, ② settlement of union debts, ③ settlement based on the agreement on the same business in this case upon the termination of the agreement in this case, or ④ return of unjust enrichment by the defendant's own property or labor. 2) The defendant's summary of the defendant's assertion is as shown in the attached Table 2 that the money that the plaintiff is liable to pay to the defendant and the money that the defendant is liable to pay to the plaintiff, and ultimately, the plaintiff shall pay the defendant the amount of 87,488,148 won and delay compensation for

The legal basis of each of the above settlement amounts is ① distribution of residual property following the dissolution of a partnership, or ② this case due to the termination of a partnership relationship.

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