[부당이득금반환][미간행]
Korea Credit Guarantee Fund (Law Firm Jeong, Attorney Gu Young-hwan, Counsel for defendant-appellant)
Han Bank Co., Ltd. (Law Firm Won, Attorneys Park Jae-in, Counsel for the plaintiff-appellant)
September 7, 2010
Seoul Central District Court Decision 2009Kahap127975 Decided April 23, 2010
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Claim: The defendant shall pay to the plaintiff 27,374,524 won with 5% interest per annum from February 21, 2008 to the delivery date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.
2. Purport of appeal: Revocation of the part against the defendant in the judgment of the first instance, and the plaintiff's claim corresponding to the above revocation is dismissed.
The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judge Lee Jin-hee (Presiding Judge)