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(영문) 서울고등법원 2015.03.25 2014나2020392

부당이득금반환 등

Text

1. The part against Defendant B and C in the judgment of the first instance, including the claim that has been reduced and expanded in the trial:

Reasons

1. The reasons for this part of the underlying facts are stated in Paragraph 1 of the reasoning of the judgment of the first instance except for addition or dismissal with respect to the judgment of the first instance as follows:

(The main text of Article 420 of the Civil Procedure Act is as follows: (a) No. 3 of the 3rd page 6 of the 3rd page “A”, and “O representing the Plaintiff, Defendant C, E, and Defendant B requested the issuance of a certificate of beneficial rights to the K non-trust on October 2008; and (b) at the time the Plaintiff had a claim for the refund of investment worth KRW 260 million to E; and (c) the 7th page “450 million” is written as “50 million won (However, a request for the issuance of the certificate of beneficial rights is written as KRW 450 million separate from the amount of the certificate of beneficial rights)” and “the amount of credit worth KRW 130 million is KRW 50 million,500,000,000, KRW 1300,000,000, KRW 5850,000).”

Part 5 8 (Reasons for Recognition) adds "A Nos. 2, 7, 9, and 10 (including paper numbers, except for special reference; hereinafter the same shall apply)".

2. Determination as to Defendant B

A. The Plaintiff’s assertion 1) At the time of the formation of the instant agreement, the Plaintiff owned only the claim KRW 130 million with respect to the Defendant B, but actually owned the claim of KRW 585 million with respect to E. The Plaintiff drafted the instant agreement, and accordingly, the Defendant B received part of the deposit money that the Plaintiff had to have received. Accordingly, the Defendant B shall return the claim of KRW 61,809,917, which was received in excess of the claim ratio to the Plaintiff pursuant to Article 5(5) of the instant agreement as unjust enrichment. (ii) Defendant B’s preferential right interest claim of KRW 585 million with respect to Defendant B’s preferential right interest claim of KRW 130,500,000,000 and KRW 450,500,000,000,000 and KRW 450,000,000,000,000 and KRW 10,000,00,00.