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(영문) 서울동부지방법원 2016.07.06 2015나25831

부당이득금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: “Defendant” in the part 1(e)5 of the judgment of the court of first instance as “Korea”; “Plaintiff” in the first class 1 of the first instance as “E; and “E” in the first class 5 of the first instance judgment as “Seoul Young-gu T”. This part of the reasoning of the first instance judgment is as stated in Article 420 of the Civil Procedure Act, and this part of the first instance judgment is acceptable pursuant to the main sentence of Article 420 of the same Act. 2. If there is a seizure and collection order on the claim of this case, the third obligor’s performance can only be instituted as the collection obligee, and the obligor is disqualified as the party’s standing to file a lawsuit against the Defendant for performance of the seized claim (see, e.g., Supreme Court Decision 9Da2388, Apr. 11, 2000). 200, the Plaintiff filed a lawsuit against the Defendant with the lower court prior to the completion of the collection order, 300% of the instant claim.

(b)if any;