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(영문) 수원지방법원 2019.08.27 2018나80230

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the part concerning the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article

(1) Each of the grounds alleged by the Plaintiff in the trial while filing an appeal is not significantly different from the grounds alleged by the Plaintiff in the first instance trial, and all of the evidence submitted by the Plaintiff is examined, the first instance judgment is justifiable). 【34,398,000 won” is deemed to be “37,837,800 won (including the amount of tax)” in the third sentence of the first instance judgment.

In Part 3, 9, i.e. "No evidence exists" from Part 6, i.e., the records of the first instance court's decision, as follows:

"4. The plaintiff and the defendant agreed to pay the rent for equipment on behalf of D Co., Ltd. for the defendant on the issue of rent for equipment at C maintenance site, and paid a total of KRW 25 million on May 2, 2016, and May 30, 2016. However, the defendant brought a lawsuit (the principal 16,235,500 won) against the plaintiff for the remainder (the principal 16,235,500 won) which remains after deducting the payment on the C site from the rent for equipment at the time of industrialization, and the above lawsuit was brought to the plaintiff and the defendant to pay KRW 9 million to the defendant at KRW 1,700 (the amount of KRW 9 million from May 17, 2017 to January 17, 2018). In addition to the above lawsuit, it appears that the plaintiff agreed to pay the above rent at KRW 27,500,000,000,000,000 won on behalf of the plaintiff.