구상금
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 for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (2) below, and 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. Parts to be dried;
A. On the second page of the judgment of the court of first instance, “A. The Defendant currently is pending in divorce proceedings with wife C as the Incheon District Court 2011dhap402, and the Plaintiff is the Republic of Korea with C’s remaining students. A. The Defendant filed a divorce lawsuit against C around May 201, as the Incheon District Court 201dhap402 (hereinafter “instant divorce lawsuit”), and received a decision as a substitute for conciliation with C’s intention to divorce from the said court (hereinafter “instant compulsory conciliation decision”). The said decision became final and conclusive on July 5, 2014, and the Plaintiff was divorced from the Defendant’s former wife.”
(b)on the 5th judgment of the first instance court, the following shall be added to:
If the lease contract of this case is null and void as a false conspiracy, the Plaintiff acquired the lease deposit amount of KRW 94 million from the Defendant without any legal ground, and the Defendant acquires the claim for return of unjust enrichment of KRW 94 million against the Plaintiff. The Defendant’s claim for return of unjust enrichment of KRW 94 million against the Plaintiff is an automatic claim and offset against the Plaintiff’s claim for return of unjust enrichment against the Defendant. Meanwhile, in a divorce lawsuit of this case, C is recognized as one-half of the claim amount of this case’s reimbursement, and therefore, the Defendant is liable only within the limit of 1/2 of the amount of the Plaintiff’s reimbursement to the Bank.
C. On the 5th sentence of the first instance court, the phrase “as June 22, 2010” in the 16th sentence shall be read as “as June 22, 2010.”
3-B of the judgment of the first instance court.
The part of paragraph (6) of this Article (from No. 19 to No. 7) shall be cut in accordance with the following subparagraphs:
B. Meanwhile, the Plaintiff.