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(영문) 부산고등법원 2017.12.20 2016나2918

부당이득금 반환 등

Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the payment order shall be revoked.

Reasons

1. In the first instance trial, the Plaintiff sought for the return of each of the damages or unjust enrichment against Defendant B, C, D, and E, KRW 20 million paid as expenses for a certified judicial scrivener, ② KRW 20 million paid as expenses for hospital for Defendant B, C, and D, ③ KRW 230 million paid as expenses for the introduction of a sales contract to Defendant D, F, and G, ④ Defendant B, C, and E, and KRW 70 million out of the amount described in paragraph (3).

On the other hand, the court of first instance accepted part of the above (1) claims concerning the amount of KRW 70 million, which was disbursed as expenses for introducing sales contracts for Defendant B, C, and E, and 20 million, which was disbursed as expenses for the certified judicial scrivener for Defendant E., and dismissed all of the remaining claims.

As to the judgment of the court of first instance, among the part against the plaintiff's loss, the part of KRW 20 million (the above claim) and KRW 160 million (the part of the claim in the above claim) out of the amount paid as the expenses of a certified judicial scrivener with respect to defendant B, C, and D as the expenses of a certified judicial scrivener (the above claim No. 1) and the part of KRW 160 million (the above claim No. 3) out of the amount paid as the expenses for the introduction of a sales contract to defendant D, F, and G (the above claim No. 3), each appeal was filed against the part of KRW 70 million (the above claim No. 4), which is the part against the defendant B and C's loss, as the expenses of a certified judicial scrivener (the above claim No. 1).

Therefore, the scope of this court's trial is limited to the claim amounting to KRW 20 million, out of the amount paid to Defendant B, C, D, and E as the expenses for certified judicial scriveners (the above claim No. 1), the part concerning the claim amounting to KRW 70 million, which was paid to Defendant B, and C as the expenses for introducing a sales contract (the above claim No. 4), and the part concerning the claim amounting to KRW 160,000,000 from among the amount paid as the expenses for introducing a sales contract to Defendant D, F, and G (the above claim No. 3).

2. The reasons why the court should explain this part of the judgment on the defenses before the merits of the other Defendants except the basic facts and Defendant E are with the exception of the following parts: