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(영문) 서울고등법원 2016.04.22 2015나2025202

부당이득금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The following facts in the summary of the case are found either to be in dispute between the parties, or to be acknowledged upon Gap's evidence Nos. 2 through 49, 55, 56, 58 (including each number; hereinafter the same shall apply), Eul's evidence Nos. 6 and 42, and the testimony of the witness H of the first instance trial by considering the whole purport of the pleading.

A. The Plaintiff is a clan established with L descendants as its members, and H served as the representative of the Plaintiff from April 17, 2010 to May 18, 2013.

Attorney I, the representative of the defendant, is H and high school.

B. From July 26, 2010 to May 23, 2013, the Plaintiff paid to the Defendant the sum of KRW 171,00,000,000, under the name of advisory fees and KRW 108,20,000, under the pretext of advisory fees as indicated below (hereinafter “instant attorney fees”).

[3. 10. 20. 20. 20. 20. 20. 20. 20. 12. 20. 3 : 10. 10. 20. 20, 10,000 3. 10. 10. 20, 10. 10. 20, 10. 10,000 3. 10,000 . 10,000 . 10,000 . 3. 20,000 . 10,000 . 20,00 . 20,00 . 20,00 . 10,000 . 20,00 . 20,000 . 10,000 . 10,000 . 10,000 . 10,007 . 201