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(영문) 수원지방법원 2014.09.04 2013나53035

보관금반환 등

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the Plaintiff, as the principal lawsuit, filed a claim for reimbursement of the amount in custody, reimbursement of beneficial expenses, reimbursement of alcoholic beverage proceeds, and the items listed in the separate sheet, as the main lawsuit, and the Defendant filed a claim for reimbursement of the expenses for restitution as a counterclaim. The court of first instance dismissed all the remainder claims upon receiving the Plaintiff’s claim for restitution of the amount in custody and the preliminary claim for restitution, and accepted the Defendant’s counterclaim. Accordingly, the Plaintiff filed an appeal against the part concerning the claim for reimbursement of beneficial expenses (10,000,000) and the counterclaim in part of the main lawsuit of the judgment of the first instance.

Therefore, the scope of the judgment of this Court is limited to the portion of the claim for partial reimbursement of beneficial expenses (10,000,000) and the counterclaim.

2. The reasons for the court's explanation concerning this case are as follows: "No one shall be the subject of a claim for reimbursement of beneficial costs as the plaintiff's illegal extension works," and the part of the first instance court's decision, except for adding "the plaintiff's explanation about this case shall not interfere with recognizing that the defendant paid 6,435,00 won to its original original state in accordance with the above corrective order." The part of the first instance court's reasoning is the same as the corresponding part of the first instance court's decision, and it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, in accordance with the main sentence of Article 420 of the Civil Procedure Act."

3. The decision of the first instance court is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.