부당이득금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance is as follows, except where the plaintiff and the defendant added a judgment as to the assertion that is dismissed or emphasized or added by this court, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it is acceptable as it is by the main sentence of
In the judgment of the court of first instance, the part of the 10th 5th 8th e.g. from the 8th e.g. to the 10th e., the same e.g. to the following.
“Return shall be made, and the Plaintiff shall seek a return of KRW 100,000,00 as part of the above unjust enrichment to the Defendant.”
2. Additional determination
A. The plaintiff's assertion and judgment are asserted that only the remainder after the plaintiff deducteds the amount of advance payment, etc. that the plaintiff should receive from D, among G of the plaintiff corporation D (hereinafter "D"), and the defendant's husband C, the defendant's husband, agreed that the above deduction amount shall be paid to the defendant, but it is not sufficient to recognize that the above agreement was reached between the plaintiff and the defendant as above, and there is no other evidence to support this.
Therefore, the plaintiff's above assertion is without merit.
B. The Defendant’s assertion and judgment 1) The Defendant did not agree to pay KRW 25,00,000 among the settlement amount of this case to the Defendant on the condition that the Plaintiff would receive money from D, and the Plaintiff was confirmed to have failed to receive money from D with the fixed time limit. 2) Where the judgment attached to a juristic act, if it is deemed that the Plaintiff would not perform its obligation unless the fact indicated in the father is not occurred, it shall be deemed as a condition of suspension, and the obligation shall be performed even if it is confirmed not to do so, as well as when the indicated fact occurs.