부당이득금
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the plaintiff's assertion, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The decision of the first instance is justifiable in light of the following: (a) the Plaintiff (Appointed Party) has repeatedly repeatedly repeatedly asserted in the first instance trial; and (b) even if the Plaintiff (Appointed Party) considered some supplementary arguments and grounds, and examined the entries in the evidence No. 119 through No. 273, which were newly submitted in the first instance trial, the decision of the first instance court is justifiable).
A. The Plaintiff (Appointed Party) brought a lawsuit against the Plaintiff (Appointed Party) against the Busan District Court 99Da41318 (Main Claim) and 41325 (Counterclaim) and deposited KRW 9 million with H as the principal deposit. The Plaintiff (Appointed Party) in collusion with the Defendant (Appointed Party) and the Defendant C received KRW 9 million by forging the power of attorney, etc. in the name of the Plaintiff (Appointed Party) in relation to the receipt of the said deposit amount and thereby asserting that the Plaintiff (Appointed Party) suffered damages equivalent to the said amount. Thus, the evidence submitted by the Plaintiff (Appointed Party) alone is insufficient to acknowledge that the Defendant (Appointed Party) and the Defendant C received the deposit by forging the said document in collusion with the Plaintiff (Appointed Party). There is no evidence to acknowledge otherwise.
B. In addition, although the Plaintiff (Appointed Party) filed a false complaint against the Defendant (Appointed Party) and the Defendant C with the intention of having criminal punishment imposed upon the Plaintiff, the Plaintiff’s assertion that the Defendant (Appointed Party) and the Defendant C filed a false accusation against the Plaintiff (Appointed Party) and that the Plaintiff (Appointed Party) suffered emotional distress by continuing to file a related lawsuit, the evidence submitted by the Plaintiff (Appointed Party) alone is insufficient to acknowledge the above assertion, and there is no other evidence to prove otherwise.
3. If so, the plaintiff (appointed party).