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(영문) 서울중앙지방법원 2017.06.28 2016나83060
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and the fact-finding and judgment of the court of first instance are justified according to each evidence submitted to the court of first instance

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main text of Article 420 of the Civil Procedure

2. If so, the defendant is obligated to pay the plaintiff 9,00,000 won with the annual interest rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 16, 2015 to the date of delivery of a copy of the complaint of this case as to unjust enrichment of 99,00,000 won and damages for delay from October 16, 2015 to the date of full payment. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit

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