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(영문) 서울고등법원 2015.09.04 2014나35114

부당이득금반환 등

Text

1. Of the judgment of the court of first instance, the part against Defendant B in excess of the money ordered to be paid below shall be cancelled.

Reasons

Basic Facts

The reasons why this Court shall explain are as follows, except for the case where each of the "Defendant C" is deemed to be "C", and therefore, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance, thereby citing it as it is by the main sentence of Article 420 of the

The reasoning of this Court is as to this part of the determination of the primary claim against the Defendant Bank. ① Each “Defendant C” shall be deemed to be “C,” ② The above trust money shall be deemed to be null and void, and the above trust money shall be deemed to constitute unjust enrichment. Ultimately, the trust money shall be deemed to be KRW 30 billion, ③ The following shall be added between the 11th and 7th, ④ the 11th 7th 7th 5 Defendant Bank shall be deemed to be actively involved in the act of breach of trust in C. ⑤ The 11th 14th 14th 14th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 15th 15th 15th 16th 16th 16th 16th 7th 7th 7th 200 7th 15th 100th 13th 103th 3th 3th 7th 16th 3th 1000.