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(영문) 서울고등법원 2012. 12. 14. 선고 2012나63481 판결

[부당이득금][미간행]

Plaintiff and appellant

Korea Asset Management Corporation (Law Firm Pak, Attorney Lee Lee-hoon, Counsel for defendant-appellant)

Defendant, Appellant

School Foundation Liba Institute (Law Firm UBS, Attorney Park Dong-young, Counsel for defendant-appellant)

Conclusion of Pleadings

November 9, 2012

The first instance judgment

Seoul Central District Court Decision 2010Kahap120215 Decided July 18, 2012

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of claim

With respect to the plaintiff 156,35 won and its 8,304,843 won from January 1, 2003; 12,378,963 won from January 1, 2004; 13,876,809 won from January 1, 2005; 15,472,628 won from January 1, 2006; 17,592,367 won from January 1, 2007; 19,82,02,08 won from January 1, 2007; 200% from the next day to the date of delivery to the date of delivery to the date of payment; 15,472,671 won from January 1, 2008 to the date of delivery; 200% from the date of delivery to the date of payment to the date of payment to the date of 31,618 won from May 26, 2001.

2. Purport of appeal

The part of the judgment of the court of first instance against the plaintiff falling under the order to pay below shall be revoked.

The defendant shall pay to the plaintiff 34,949,50 won and 8,304,843 won from January 1, 2003; 12,378,963 won from January 1, 2004; 9,625,405 won from January 1, 2004 to the service date of a copy of each complaint of this case; 5% per annum from the next day to the day of full payment; and 20% per annum from the next day to the day of full payment.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation concerning this case is the same as the part of the judgment of the court of first instance, and thus, it refers to the same as it is in accordance with the main sentence of Article 420 of the

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judge Do-charter (Presiding Judge)