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(영문) 서울고등법원 2017.11.01 2017나2024432

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is as follows: (a) each of the "order of Collection" in the third and nine third above of the judgment of the court of first instance is dismissed as "an assignment order"; and (b) the reason of the judgment of the court of first instance is as to whether the defendant bears the obligation to return the whole amount (from the fifth to the sixth to the sixth second above) as stated in paragraph (2), and it is identical to the reason of the judgment of the court of first instance. (b) The unjust enrichment system is as to whether the defendant bears the obligation to return the full amount of the money received by the benefiting party, in the event that the benefiting party's property gains do not have any legal ground, based on the ideology of fairness and justice, and if the benefiting party is not in fact attributable to the benefiting party, the entire obligation to return the money deposited in the account under the name of the benefiting party, which is written in the name of the National Bank No. 3725, Sep. 8, 2011; and (c) the entire obligation to return the money deposited by the National Bank No.373723.

C) However, the evidence Nos. 3, 9 through 13, and Nos. 9 through 13, respectively, and the court of first instance against the National Bank Co., Ltd. at the court of first instance on August 4, 2016.