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(영문) 서울고등법원 2020.02.06 2019나2017230

부당이득금

Text

1. Of the judgment of the court of first instance, the Defendant (Appointed Party) B, Appointed D, E, F, G, H, I, J, K, L, M, N, and the Bankruptcy Trustee BC.

Reasons

1. The grounds for this part of the underlying facts are stated in the corresponding part of the reasoning of the judgment of the first instance (not later than 3 parallels between 3 parallels and 6 parallels), except for the addition or replacement as follows.

(The main sentence of Article 420 of the Civil Procedure Act). The three-dimensional 4 of the judgment of the court of first instance "in Japan" shall be replaced by "in Japan".

The 3rd 8th h, 4th 3, 7, 11-12, 5th 12, 16-17th 12, and 16-17th 17th 2,000 in the judgment of the first instance, “Defendant (Appointed Party) B, designated parties, and Defendant C” shall be applied to “Defendants”.

The fourth and second half of the judgment of the first instance (hereinafter referred to as “the judgment of damages of this case”) shall be deleted, and the second and fourth of the judgment of the first instance (hereinafter referred to as “the judgment of damages of this case”) “B” of the judgment of the damages of this case.

"834 (Joint)" in the fifth and fourth sentence of the judgment of the first instance shall be added to "relevant criminal cases" and shall be added to "relevant criminal cases."

5 to 10 vehicles in the judgment of the first instance shall be 5 to 5 as follows.

2) On September 13, 2013, during the first instance trial of the relevant criminal case, Defendant B, Appointer D, E, F, G, H, I, J, K, L, M, N, P and B (C, Sept. 15, 2014) (hereinafter “Appointed D, etc.”) and Defendant C deposited each amount of money indicated in the column of “the first deposit” in attached Form 3 and the details of dividends (hereinafter “the first deposit”), and the said deposited money from November 27, 2013 to October 27, 2014, respectively.

(However, on September 24, 2013, the first instance court of the relevant criminal case recognized the criminal fact that AX et al., by deceiving the above deposited parties, acquired the relevant money in the attached Form 2 and the "relevant criminal case damage amount" column of the criminal damage amount, and sentenced AX to two years.

3 AX, while continuing the appeal related to the relevant criminal case on April 25, 2014, again on April 25, 2014, entered the name of the designated parties F, G, H, J, J, L, M, N, P, and B in the “second deposit” of the attached Form 3.