부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The portion added or used by the plaintiff shall be referred to as "Defendant B" in the fourth 1 of the judgment of the court of first instance.
The following shall be added at the end of the nine-way period of the first instance judgment:
The Defendant asserts that the Defendant is in violation of the principle of good faith is not a person who received insurance money from the Plaintiff, but a party to the return of unjust enrichment is not a party to the return of unjust enrichment, and the Defendant recognized the Plaintiff’s right to indemnity against the Defendant, even though the extinctive prescription is not possible due to the completion of the extinctive prescription, and thus, the Plaintiff should exercise the right to indemnity against the Defendant, not the Defendant, as well as against the good faith principle. However, the Plaintiff erroneously paid insurance money to B, thereby losing its right to indemnity against the Defendant, and the Defendant lost its right to indemnity against the Defendant due to extinctive prescription, thereby discharging the Defendant’s obligation without his own contribution, thereby allowing the Plaintiff to claim indemnity against the Defendant pursuant to Article 745(2) of the Civil Act. Therefore, it is difficult to view the instant claim as contrary
3. In conclusion, the plaintiff's claim against the defendant shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.