logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.05.31 2014다228631
보관금반환
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. When a provisional disposition order to suspend the performance of duties of the representative and appoint an acting representative as to the ground of appeal by the plaintiff is rendered, the authority of the acting representative shall continue to exist effectively unless the provisional disposition order is revoked.

(2) The court below held that the defendant (hereinafter "the defendant") has a claim for return of unjust enrichment in relation to the plaintiff, on the grounds stated in its reasoning, since the portion used by the representative of the plaintiff's president E for the payment of the plaintiff's employee, such as general affairs, and the operating expenses of the association, etc. is an act that belongs to the regular business of the acting director, and the plaintiff's employee, such as the general affairs appointed by E, provided actual labor, and the expenses related to the union, such as the payment for the above amount and the operating expenses of the association, were paid in KRW 25 million out of the custody money of this case.

Examining the foregoing legal principles and records, the lower court’s aforementioned determination is justifiable.

In doing so, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the effectiveness of provisional disposition and unjust enrichment

2. As to the Defendant’s grounds of appeal (1) Nos. 1, 2, and 3, the lower court, based on its stated reasoning, held that: (a) demanding the Defendant, who was in custody of union members’ contributions, to withdraw the instant money deposited; and (b) for this purpose, changing the construction contract of the instant case constitutes a disposition or modification that is collective ownership of the Plaintiff’s property; and (c) thus, the Plaintiff’s resolution is required to withdraw and refund the money deposited. Accordingly, the Plaintiff

arrow