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(영문) 서울고등법원 2020.07.22 2018나2035118

임대료 등 청구의 소

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1. Of the judgment of the court of first instance, the part on the claim against the Defendant (Counterclaim Plaintiff) regarding the money paid out shall be added below.

Reasons

1. The grounds for admitting the judgment of the court of first instance that the plaintiff and the defendant asserted in the court of first instance while appealed are not significantly different from the allegations in the court of first instance except for some additional claims, and the judgment of the court of first instance on such grounds is justified except for the following cases, even if the evidence submitted in the court of first instance and the result of pleadings were examined, the part of the plaintiff's claim

Therefore, this court's reasoning is as stated in the reasoning of the judgment of the first instance except for the allegations and evidence of the parties added in the trial, as stated in the following Paragraph 2. Thus, this court cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The six-party 6th of the judgment of the court of first instance to nine-party 14th of the judgment of the court of first instance shall be completed as follows.

A person shall be appointed.

B. The Plaintiff’s assertion and the scope of trial at this Court asserted that the Plaintiff’s claim related to money paid to the Defendant is based on (i) the first instance court, without permission, transferred KRW 278,250,323 from the Plaintiff’s account under the name of the Defendant to the Defendant’s account; or (ii) embezzled money equivalent to KRW 1,484,40,323 in total by transferring KRW 1,206,150 from the Defendant’s account under the name of the Defendant to the Defendant’s name via C’s account; and (iii) the Plaintiff seeks reimbursement of KRW 1,484,40,323 with the amount of damages under Article 389(3) of the Commercial Act or Article 35 of the Civil Act; and (ii) the Plaintiff’s claim for reimbursement of KRW 278,250,323 from the Plaintiff’s account under the name of the Defendant to the Defendant’s name of the Defendant; and (ii) the Plaintiff’s claim is without any legal basis for reimbursement of unjust enrichment.