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(영문) 서울고등법원 2016.12.16 2016나2033835

부당이득금

Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The grounds for admitting the judgment of the court of first instance, which the Plaintiff asserted in the trial while filing an appeal, are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance is examined, the judgment of the court of first instance rejecting the Plaintiff’

Therefore, the reasoning of this court's judgment is the same as that of the judgment of the court of first instance, and thus, it is decided to accept it by the main text of Article 420

[The plaintiff also sought restitution of unjust enrichment against the defendant on the premise that the defendant is liable to pay interest on the debt with the right to collateral security of this case as the claimant of the right to collateral security of this case. However, the evidence submitted by the plaintiff, including evidence Nos. 1-2 and 2-2, cannot be recognized as the defendant as the claimant of the right to collateral security of this case, and there is no other evidence to acknowledge it otherwise. The plaintiff's appeal and claim extended at the court of appeal of this case is dismissed in its entirety as it is without merit.