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(영문) 창원지방법원 2016.11.30 2015나10473

부당이득금반환

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the Plaintiff sought restitution of unjust enrichment on behalf of the Plaintiff in subrogation of the principal lawsuit C, and the Defendant sought payment of the amount of the agreement to compensate the Plaintiff for losses caused by a counterclaim, and the court of first instance rejected both the Plaintiff’s principal lawsuit and the Defendant’s counterclaim.

Accordingly, since only the plaintiff appealed against the part of the judgment of the court of first instance, the scope of the judgment of this court is limited to the part of the judgment of the plaintiff's appeal.

2. The court's explanation on this part of the facts of recognition is the same as the statement on the corresponding column of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of

3. The reasons why the court should explain this part of the judgment on the claim of the principal lawsuit are as stated in the "a summary of the plaintiff's assertion" and the "a judgment on the cause of the principal lawsuit" in the 3th 9th 1st 4th 1st 2th 4th 1st 1st 1st 1st 3th 1st 2th 200

4. In conclusion, 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.