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(영문) 서울남부지방법원 2020.10.22 2019나65458

부당이득금

Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

after the filing of an appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The court's explanation of this case is that "the principal and judgment" in the last sentence of the judgment of the court of first instance shall be "the judgment concerning the principal claim". The plaintiff's supplementary claims added by this court shall be as stated in the reasoning of the judgment of the court of first instance, except for the determination of additional claims as follows. Thus, they shall be cited in accordance with the main sentence of Article 420

2. The plaintiff asserts that the defendant should compensate for damages equivalent to KRW 100 million suffered by the plaintiff as a joint tortfeasor, since he/she committed a tort by deceiving the plaintiff with H.

However, as to the above main claim, it is not sufficient to recognize that the statement in Gap evidence Nos. 1 through 17 submitted by the plaintiff alone, as to the above main claim, the defendant acted in collusion with H to deceiving the plaintiff or aiding and abetting H's deception, and there is no other evidence to recognize it. Thus, the plaintiff's conjunctive claim based on this premise is without merit.

3. Conclusion, the plaintiff's primary and conjunctive claims must be dismissed as they are without merit.

The judgment of the first instance, which dismissed the plaintiff's primary claim, is justifiable, and the plaintiff's appeal is dismissed, and the plaintiff's additional conjunctive claim is dismissed. It is so decided as per Disposition.