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(영문) 서울고등법원 2016.02.25 2015나18116

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 in this part of the underlying facts is the same as the part of the “1. Basic Facts” from 2. to 3.3 of the judgment of the court of first instance, and therefore, they are cited by the main text of Article 420 of the Civil Procedure Act.

2. The reasoning of the Plaintiff’s assertion is as stated in the part of “the Plaintiff’s assertion” from No. 4 to No. 16 of the judgment of the court of first instance, which is the same as that of “the Plaintiff’s assertion.” Thus, this part is cited by the main text of Article 420

3. The reasoning for this part of the judgment is as stated in the part of the "3. Judgment of No. 17 to No. 4 of the judgment of the first instance court", except for the case where "No. 1, 2, and 3 of the evidence No. 18 of the judgment of the third instance is written only by the statement of No. 1, 3 of the evidence No. 18 of the judgment of the first instance court," and therefore, it is identical to the part of "No. 17 to No. 4 of the judgment of the third instance.

4. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

However, the judgment of the first instance is just based on its conclusion, and the plaintiff's appeal is dismissed as it is without merit.