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(영문) 광주고등법원(제주) 2016.01.20 2015나825

부당이득금반환

Text

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

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the part concerning the reasoning of the judgment of the court of first instance except for the following changes. Thus, it is acceptable in accordance with the main sentence

Until April 18, 2013, which is the date of the pronouncement of this judgment, is the date of the judgment in the first instance court’s judgment, the term “before April 18, 2013, which is the date of the pronouncement of this judgment” as “before June 24, 2015, which is the date of the pronouncement of a return judgment (see, e.g., Supreme Court Decision 2004Da50341, Feb. 17,

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. Since the part against the defendant ordering payment in excess of the above recognition amount among the judgment of the court of first instance which partially different conclusions is unfair, it is revoked and the plaintiff's claim corresponding to the revoked part is dismissed. It is so decided as per Disposition.