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(영문) 서울남부지방법원 2018.05.17 2016나1941

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 for the court’s explanation of the instant case is as follows, and such reasoning is identical to the ground for the judgment of the first instance except for “the second instance order” under the main sentence of Article 420 of the Civil Procedure Act.

2. The second parallel 16 to 17th parallel of the judgment of the first instance court are as follows:

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1, 2, 3-1 through 22, 4, 5-1, 2, 24, and 1, and 5-1, 5-24 of the evidence Nos. 1, and 5-1 of the evidence Nos. 1, 1, 24 of the evidence Nos. 1, and 1, the plaintiff was unable to obtain business permission from the plaintiff around March 2008 because of the lack of design cost. If the design cost is lent KRW 30 million, the plaintiff visited the defendant on April 22, 2008 to jointly construct the above parking lot construction agreement between D and the vice president of the headquarters office, and the plaintiff was granted the above construction cost No. 300,400, the building design cost of Guro-gu, Seoul Building Co., Ltd. to the plaintiff.

However, the following circumstances acknowledged by comprehensively considering the evidence Nos. 14-1, 30, and 8 of the evidence Nos. 14-1, 8 of the court below's witness J and D's testimony, the defendant prepared a deposit sheet stating "No. 20 million won as the representative of the J on April 22, 2008 after the plaintiff and D et al. met with the J and met with the court." At the time, D will receive 30 million won to the plaintiff at the time, "30 million won for the construction of a new parking lot for a lot for a lot for a lot for a lot of two lots of land outside E and the construction of a new parking lot for a lot for a river."