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(영문) 부산지방법원 2019.09.06 2018나43910
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and thus, the judgment of the court of first instance is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, in addition to the addition as follows.

“The Plaintiff asserts that as long as the authenticity is recognized as a disposal document, the existence and content of the declaration of intent in accordance with the contents of the document must be recognized. In order to be deemed a disposal document, the act of the public law or private law intended to prove should have been conducted in accordance with the document. Even if the contents of the document relate to one’s own legal act, if the legal act is deemed to be an external fact, or if the opinion or appreciation is stated in the document, it shall be deemed to be a disposal document, not a disposal document (see Supreme Court Decision 2010Da6222, May 13, 2010). In light of the above legal principle, the Defendant’s concept as to the remaining obligation owed by the Plaintiff, on the face of the document, is merely a disposal document, and it cannot be deemed as a disposal document, and further, it shall not be deemed that the Defendant exempted the obligation or discharged the obligation by the Plaintiff.”

2. Conclusion, the plaintiff's claim shall be dismissed for lack of reasonable grounds.

The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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