[부당이득금반환][미간행]
New Co., Ltd. (Attorney Kim Yong-sik, Counsel for the plaintiff-appellant) which is a legal administrator of New Co., Ltd.'s legal administrator of New Co., Ltd.
Gyeonggi-do (Law Firm Marin, Attorneys Kim Young-young et al., Counsel for the plaintiff-appellant)
April 27, 2005
Suwon District Court Decision 2003Gahap15849 Delivered on October 5, 2004
1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
1. Purport of claim
The defendant shall pay to the plaintiff 1,54,600 won and 366,440,490 won among them, 100,000 won from January 5, 200; 382,059,910 won from June 1, 200 to August 1, 200; 246,916,40 won from September 1, 200 to 110,329,540 won; 10,329,540 won from the date following the date of complete payment to 366,40,000 won from the date of complete payment to 36,440 won; 10,000 won from the date of complete payment to 36,00,000 won from the date of complete payment to 10,000 won per annum; 20,000 to 14,000 won from the date of full payment to 36,50,2010.
2. Purport of appeal
The part against the defendant in the judgment of the first instance shall be revoked. The plaintiff's claim corresponding to the above revocation shall be dismissed.
This court's reasoning is the same as that of the first instance court's decision, and therefore, it cites it as it is by Article 420 of the Civil Procedure Act.
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges Choi Jin-ok (Presiding Judge)