부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The grounds alleged in the trial by the plaintiff citing the judgment of the court of first instance are not significantly different from the contents alleged in the court of first instance, and even after examining all the evidence submitted in the court of first instance and the statement in the Gap evidence No. 18 additionally submitted in the court of first instance, it is insufficient to recognize that the defendant, by operating the restaurant of this case independently or using the passbook in the name of the defendant, arbitrarily withdraws the proceeds of the restaurant of this case from the operation of the restaurant of this case and thereby gaining profits without any legal grounds and thereby causing damage to the plaintiff. The judgment of the court of first instance is justified, since there is no other evidence to acknowledge this differently.
Therefore, the reasoning for the court’s explanation on the instant case is as follows, except for the rejection of the Plaintiff’s evidence No. 18, which is insufficient to acknowledge the Plaintiff’s assertion as evidence submitted at the court below, and therefore, it is identical to the part of the reasoning of the judgment of the court of first instance. Thus, this Court cited it as it is
2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.