beta
(영문) 대전지방법원 2020.06.05 2019나103674

부당이득금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasons for this Court’s explanation are as follows, and the reasons for this Court’s explanation are the same as the reasons for the judgment of the court of first instance, except as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

After the "170 million won" of the fourth 9th e.g., "the actual damages amounting to KRW 51,692,380, which the defendant's side recognized, shall be added to "the remaining 118,307,620," and "the witness of the fifth e.g. "the witness" shall be added to "the witness of the first e.g., the second 5th e. "the witness".

A. Following the 6th page “170 million won,” the court below added “the sum of statutory interest out of the Plaintiff’s passive claims” as seen below. The court below’s judgment of the first instance, which judged that the Defendant’s above amount of damages does not constitute an “unfairly excessive case”, is justifiable, and all of them are dismissed on the grounds that the Plaintiff and the Defendant’s appeal is groundless. The court below’s judgment of the first instance is dismissed on February 2, 19.