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(영문) 서울고등법원 2020.07.24 2020나2000429
노임 반환 청구의 소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. The reasoning for the court's explanation concerning this case is that the court's determination of this case is identical to the judgment of the court of first instance, except for adding the judgment at the court of first instance as follows, since the court of first instance is identical to the judgment of the court of first instance except for the addition of the judgment at the court of first instance under Article 420 of the Civil Procedure Act, which is the same as it is, in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As examined in the above cited part of the judgment added, ① it is difficult to acknowledge the existence of the key construction cost, input and loss, separate settlement amount, etc. in the amount claimed by the Plaintiff, which is the same even if the Plaintiff’s statement in the evidence Nos. 16 and No. 27-1 of the evidence No. 16, which the Plaintiff pointed out or submitted in the trial, was the same, and ② the Plaintiff had no substantial power of representation with the F

It is difficult to see that the defendant was unaware of the facts or gross negligence, and the entries in the evidence Nos. 1, 2, 3, 5, 7, and 10, and the evidence Nos. 1, 2, 2, 3, 5, 7, and 10, which the defendant pointed out in the trial, are insufficient to reverse the recognition or judgment of facts as to the above cited part, and thus, the arguments in the grounds for appeal by the plaintiff and the defendant

3. In conclusion, the judgment of the first instance is legitimate, and all appeals by the plaintiff and the defendant are dismissed as it is without merit. It is so decided as per Disposition.

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