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(영문) 부산고등법원(창원) 2019.07.25 2018나13359
손해배상(기)
Text

1. The plaintiffs' claims added to the plaintiffs' appeal and the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance cited parts of the reasoning of the judgment below as follows, and except for the judgment as to the claim for return of unjust enrichment added by the plaintiffs at the appellate court as to the claim for return of unjust enrichment, the part against the defendant among the reasons of the judgment of the court of first instance is identical to the part against the defendant (it is just in finding facts of the court of first instance and its judgment, and there is no error of law as alleged in the grounds of appeal in the grounds of appeal, and it is also accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added to the 6th 9 parallels:

(Plaintiff A paid KRW 668,076,00 in total, including KRW 118,076,00 in terms of expenses necessary for the return of investment and KRW 550,000 in terms of investment and KRW 118,076,00 in terms of expenses necessary for the return of investment. Of them, for Defendant Company, only claim for damages equivalent to KRW 550,000,000 paid in terms of investment and KRW 550,000 in the name of the Defendant Company, shall be added to the following:

(C) On January 10, 2014, Plaintiff C was aware of the fact that on January 10, 2014, Plaintiff C transferred KRW 40 million to the G bank account that the Defendant permitted the Defendant to open the business account to E, but the said money is merely a part of KRW 510 million of the acquired amount of the instant money, and there is no evidence that Plaintiff C acquired the remainder of the acquired amount and the acquired amount from Plaintiff A and B, except the said money, and that the acquired amount was deposited to the Defendant’s business account).

2. Determination on the claim for restitution of unjust enrichment

A. The plaintiffs asserts that since they paid the money acquired by D and E from the plaintiffs to the insurance premium of the insurance contract concluded by the third party and the defendant, the defendant is obligated to return the above money to the plaintiffs.

B. The unjust enrichment system is the principle of fairness and justice in a case where the unjust enrichment of the benefiting person lacks the legal cause.

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