급여 등 청구
1. The plaintiff's appeal and the additional selective claims by this court are all dismissed.
2. After an appeal is filed.
The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the fact-finding and judgment of the court of first instance are justified.
Therefore, the reasoning of the judgment of this court is identical to that of the judgment of the court of first instance except for the following Paragraph 2, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
The amended and added part of the judgment of the court of first instance shall be amended to "Evidence 2 of A" of the five pages 8 and 10 of the judgment of the court of first instance.
5 pages 11 of the judgment of the court of first instance shall add the phrase “B No. 5” to the following:
The Plaintiff’s assertion on the addition (determination on the claim for restitution of unjust enrichment) asserts that if KRW 35,629,00, which was deposited in the account under the name of the Defendant, does not constitute a loan, it should be returned to the Plaintiff as the Defendant acquired without any legal ground, and thus, it should be returned to the Plaintiff as unjust enrichment.
Judgment
According to the evidence evidence Nos. 4 and 2, it is recognized that the Plaintiff remitted the total amount of KRW 35,629,000 (= KRW 24,09,000,000) from his account under the name of the Defendant to his account under the name of the Defendant on April 30, 2012, and KRW 1,530,000 on May 2, 2012, and KRW 10,000,000 on July 10, 2012 (= KRW 24,09,000).
However, if Gap evidence Nos. 4, 2 through 5, and some testimony of the witness of the first instance trial added the purport of the whole pleadings, the plaintiff managed each account under the name of the plaintiff, non-party company, and defendant while managing the accounts under the name of the plaintiff, non-party company, and each account under the name of the defendant. The above money claimed by the plaintiff was immediately deposited from the account under the name of the plaintiff in the name of the non-party company to the account under the name of the defendant, and the funds in the account under the name of the defendant are deposited immediately into the account under the name of the defendant.