부당이득금 반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by each party.
Purport of claim and appeal
1. Purport of the claim.
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for the following parts, and thus, it is acceptable to accept it as it is by the main sentence of Article 420
2. On the seventh 18th 18th 18th 201 of the judgment of the court of first instance, “the preparatory documents of this case, Nov. 21, 2016” is written “the written response of March 17, 2016.”
3. Determination as to the defendant's application for resumption of pleading
A. In principle, the court’s discretion to accept an application for resumption of oral argument when the parties filed an application for resumption of oral argument to submit arguments and evidence after the closing of oral argument.
However, the party who filed an application for resumption of pleadings was not given the opportunity to submit arguments and certifications due to the circumstances for which it is difficult for him/her to be responsible prior to the closing of pleadings, and where the subject matter of argument and certification falls under facts requiring proof that may depend on the outcome of the judgment, etc., in cases where rendering a judgment against the party without the opportunity to submit arguments and certification violates the procedural justice pursued by the Civil Procedure Act, the court is obliged to resume the pleadings
(Supreme Court Decision 2013Da27343 Decided October 27, 2014). B.
In this case, considering the fact that the defendant did not have the opportunity to submit arguments and evidences due to the circumstance that it was difficult for him/her to be responsible prior to the closing of argument, and that the subject of argument and certification falls under the facts requiring proof that can decide on the result of the judgment (the defendant is seeking the resumption of argument to the effect that he/she submitted new evidence to this court, and does not indicate the evidence that he/she intends to specifically submit the written application for the resumption of argument), etc., the court cannot be deemed to have a duty to resume the argument. Thus, the defendant's application for the resumption of argument
4. Conclusion.