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(영문) 서울고등법원 2009. 7. 2. 선고 2008나117640 판결

[부당이득금반환][미간행]

Plaintiff and appellant

Plaintiff Co., Ltd. (Law Firm Inn&W, Attorneys Gyeong-soo et al., Counsel for the plaintiff-appellant)

Defendant, Appellant

Defendant 1 and three others (Attorney Jeong-sung et al., Counsel for the defendant-appellant)

Conclusion of Pleadings

June 4, 2009

The first instance judgment

Seoul Central District Court Decision 2008Gahap63302 Decided November 18, 2008

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. Defendant 1 and 2 shall pay 5% per annum from September 22, 2007 to the delivery date of the copy of the complaint of this case, and 20% per annum from September 22, 2007 to the delivery date of the copy of the complaint of this case, and 4% per annum from the next day to the full payment date, Defendant 3 and 4 shall pay 5% per annum from October 22, 2007 to the delivery date of the copy of the complaint of this case, and 20% per annum from the next day to the delivery date of the copy of the complaint of this case.

Reasons

The reasoning for this Court’s explanation is the same as that for the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the first instance court is justified, and all appeals against the Defendants are dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

Judges Hwang Jae-sik (Presiding Judge)