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(영문) 대구지방법원 2020.08.19 2019나313082
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants shall pay to the Plaintiff KRW 17,766,640, respectively.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the dismissal under paragraph (2) below. Thus, it is accepted by the main sentence of Article 4

(The network C and the Defendants did not submit the grounds of appeal, and the network C did not comply with the order of the first instance court to submit documents under Article 347 of the Civil Procedure Act, and pursuant to Article 349 of the Civil Procedure Act, the court may admit that the allegations of the other party as to the entries in documents are true). 2. The part of the judgment of the court of first instance regarding ① each “Defendant” is dismissed as “the network C” respectively.

② On the 2nd page of the first instance judgment, “(D, the deceased’s children, renounced the inheritance of the deceased’s property)” is added following the 14th page.

③ On December 15, 2019, the first instance judgment No. 2, 17, following the second instance judgment, “... The deceased died on December 15, 2019 while the appellate trial is pending, and the co-inheritors are the Plaintiff and the Defendants, who are the children of the deceased C, and the Plaintiff and the Defendants taken over the instant lawsuit in the court.”

④ On the fourth round of the judgment of the court of first instance, “1,00 won” for the last 1,07,840,000 won (=1,01,440,000 won - 3,600,000 won among the Plaintiff’s assertion, the Plaintiff asserted that monthly rent is KRW 4,40,00 won per month from July 1, 201 to January 25, 2017 x 84,00 won per month, but the Plaintiff’s argument that monthly rent is KRW 4,50,000 x 7,000 won per month from February 14, 2019 x 7,000 won per month from 7,000 won per month from 205,000 won per month from 7,000 won per month from 205,000 won per month from 14,000 won per month.

(5) The third-party theory of the judgment of the court of first instance is about the third-party theory of the judgment from 6 pages 11.

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