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(영문) 서울고등법원 2018.10.05 2018나2026695

부당이득금

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in Articles 1 and 420 of the Civil Procedure Act, except where part of the reasoning of the judgment of the court of first instance is cited or a part of the reasoning of the judgment is added.

The second part of the judgment of the court of first instance (hereinafter referred to as the “D”) of the 17th part of the judgment of the court of first instance shall be written by cutting the “D” into “Co-Defendant D (hereinafter referred to as “D”).

The following parts shall be added to the sixth part of the judgment of the first instance.

“In interpreting a disposition document whose authenticity is recognized, the court shall interpret that there was an expression of intent by the party in accordance with the language stated in the disposition document, unless there are special circumstances. However, in cases where there is an express or implied agreement different from the content stated in the disposition document, or in interpreting a legal act of the person who prepared the document, it may be freely determined by free evaluation to the extent that it does not violate the rules of experience and logic (see, e.g., Supreme Court Decision 2001Da38593, Apr. 8, 2003).”

2. In conclusion, the plaintiff's lawsuit against the defendants is unlawful and thus all of the lawsuits must be dismissed.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed in entirety.