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(영문) 대구지방법원 2018.11.21 2018나305817
부당이득 반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as follows. The plaintiff’s additional assertion is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment as to the plaintiff’s additional assertion as to the following three. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1)The first instance court’s findings and determination are deemed to be reasonable even if evidence duly adopted and examined by the court of the first instance presented to this court. 2. The addition of the second instance court’s judgment to 10th day, which added the following contents to “G was appointed on November 30, 2017 as custodian, and H was appointed on August 9, 2018, and taken over the proceedings of this case from G,” 6 through 2th day of the second instance judgment of the first instance court as follows: “The Defendant sent the remaining amount of the Plaintiff’s deposit account (i.e., account number I; hereinafter “instant account”) of the Plaintiff’s 2.4th day on March 4, 2016 to the Plaintiff’s 206th day on which the Plaintiff’s 206th day was automatically transferred from the Defendant’s bank account (hereinafter “instant account”) to 306th day on March 12, 2016 to the instant account.”

3. Additional determination

A. The plaintiff's assertion is a ground for suspending payment stipulated in the basic terms and conditions of deposit transactions.

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