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(영문) 대법원 2018.11.09 2016다5863
부당이득금
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. In a civil trial, the facts which have been recognized in a judgment on other civil cases, even though they are not detained in the facts established in the judgment on other civil cases, shall be valuable evidence unless there are special circumstances. Thus, it cannot be rejected without any reasonable reasons. In particular, there are the same facts that the two previous and previous civil cases are identical to the parties and form the basis of the dispute, but the same is more so if a new claim can be filed as a result of the difference in the subject matter of lawsuit

(2) According to the reasoning of the judgment below on September 24, 2009 (see, e.g., Supreme Court Decision 2008Da92312, 92329, Jul. 7, 2005). 2, the court below determined that the Plaintiff’s use of the building of this case as an education officer of the above organization cannot be deemed to be entirely separate from the purpose of “C,” and the Defendant engaged in the broadcast and photographing of cosmetic products using eco-friendly materials in the building of this case, etc., on July 7, 2005, before the provisional execution of the building of this case, and there is no sufficient evidence to support the Plaintiff’s assertion that the Plaintiff paid interest on loans in managing the above account in the name of the Defendant, and that there is no evidence to support the Plaintiff’s assertion that the building of this case was used as an education officer of the above organization, and that the Plaintiff’s use of the building of this case as an education officer of the above organization should be deemed to be an investment in the Plaintiff’s business or its own property under the name.

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