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(영문) 대구고등법원 2016.08.24 2016나20122

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

1...

Reasons

1. The grounds alleged by the plaintiff in the court of first instance while appealed from the judgment of the court of first instance are not significantly different from the contents alleged by the plaintiff in the court of first instance, and even if both the evidence submitted in the court of first instance and the statements in Gap evidence submitted in the court of first instance were examined, the judgment of the court of first instance is justified.

Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the judgment of the first instance except for adding the judgment as described in the following Paragraph 2 to the allegations made by the Plaintiff at the trial. Therefore, it is acceptable to accept the argument as it is in accordance with the main sentence of Article 4

2. Additional determination

A. The Plaintiff’s assertion 1) The Defendant is a person who has worked as the Plaintiff’s regular business from January 8, 2014 to October 1, 2014, and he/she himself/herself signed on September 26, 2014 (hereinafter “instant working pledge”).

(1) The Plaintiff’s credit card, vehicle, etc. used for personal purposes, thereby causing damage to the Plaintiff and making profits equivalent to the same amount. Thus, the Plaintiff’s expenditure resolution (Evidence 7) or business log (including the evidence No. 5, No. 6, each number, hereinafter the same shall apply) is included in the Plaintiff.

(1) The Defendant’s credit card use amount of KRW 10,322,560 (i.e., the card use amount of KRW 1,01,90,000 for January 2014 (i.e., the card use amount of KRW 407,560 for February 2014) shall be 1,839,540 for April 2014; 736,000 won for the card use amount of KRW 397,500 for June 2014; 2,707,560 won for the card use amount of KRW 2,50 for August 2014; 397,50 won for the card use amount of KRW 83,00 for the card use amount of KRW 1,00 for the year 20,50 for the year 2014; 2,508,000 won for the card use amount of KRW 38,140 for the year 208,501.