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(영문) 대법원 2018.11.29.선고 2018다239684 판결

부당이득금

Cases

2018Da239684 Undue gains

Plaintiff, Appellant

1. The same industry as the stock company;

2. Daeyang Industries Co., Ltd.:

3. The SP industry; and

4. Hyblo industry; and

5. Primary industry in the stock company.

Defendant, Appellee

Han Bank, Inc.

Judgment of the lower court

Gwangju High Court Decision 2017Na11796 Decided May 16, 2018

Imposition of Judgment

November 29, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

The court below accepted the judgment of the court of first instance and, based on its stated reasoning, although it did not prepare an additional agreement with the plaintiffs of the former Korea Exchange Bank (hereinafter "Korea Exchange Bank"), which was merged with the defendant, the evidence submitted by the plaintiffs alone is insufficient to recognize that the former Korea Exchange Bank received each of the interest of this case without any legal grounds, and it is insufficient to recognize that the officers and employees of the former Korea Exchange Bank have received the additional interest rate after raising the additional interest rate arbitrarily by the executives and employees of the former Korea Exchange Bank.

In light of the records, the above determination by the court below is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on credit transaction agreements or interpretation of standardized

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Park Sang-ok

Justices Cho Jae-chul

Jeju High Court Decision 201No. 50

심급 사건
-광주지방법원목포지원 2017.5.18.선고 2016가합10945