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(영문) 서울동부지방법원 2018.08.08 2017나29684

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasons why the court shall explain this case in this case are set forth below on the fourth page of the judgment of the court of first instance.

2.(a)

As set forth in paragraph 18 of Chapter 4, the term “amount of 15% under the pretext of fees” is “amount recorded in the column for “amount of deduction as an incorporated foundation” for each council listed in paragraph 1(e) of Article 1, equivalent to 15% under the pretext of fees (However, in case of the Selections Seoul Western Regional Community Education Council, KRW 1,818,00)”, and Article 3

(b) Paragraph 1 of this Article:

2.(b)

like paragraph 3-C.

subsection (1)

2.(c)

According to the statements in Eul evidence Nos. 32, 6, 6, 6, 6, 6, 2, 6, 6, 6, : (a) although the Selection Gwangju Regional Education Council requested that the Defendant manage donations temporarily until the problem of the donation management system and supporters' association is resolved, according to the above evidence, it is recognized that the Selection Gwangju Regional Education Council clearly expressed its intention that "the Defendant shall not consent to the deduction of the fee claimed by the Defendant" as above. Thus, the statement in Eul evidence No. 32 alone is insufficient to recognize that the Selection Gwangju Regional Education Council consented to the deduction of the fee claimed by the Defendant, and there is no other evidence to acknowledge this, and therefore, it is cited as it is in the reasoning of the judgment of the first instance, except for the addition of the statement in the main sentence of Article 420 of the Civil Procedure Act.

2. The part to be mard;

A. The number of cases according to each council of donations, such as membership fees, which the Defendant managed by the Defendant during the pertinent period of the corresponding period of each Council (However, until January 2016, 2016, the Seoul Western Regional Community Education Council for the Selection of the Selection) in the attached Table 1 for the parts of subparagraphs 1 through 4 and the designated parties in the attached Table 4, and the total amount thereof (excluding the Selectioner’s Seoul Western Regional Community Education Council for the Community Education; hereinafter the same shall apply) are as stated in each council’s “number of cases” and “amount limit” in the attached Table 1 1 Do table, and among them, the Defendant is as above.