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(영문) 대전고등법원(청주) 2015.12.15 2015나237
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation of the acceptance of the judgment of the court of first instance is based on the grounds of the judgment of the court of first instance.

2) Paragraph 2 of Article 420 of the Civil Procedure Act is the same as the reasoning of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the same Act. 2. 3) The Defendant’s assertion D and the Defendant agreed that D shall supply the Defendant with a plastic weight of 0.93, and the Defendant shall pay the amount calculated according to the weight of the original unit. However, D manufactured and supplied the original unit with a weight of 1.3 points mixed with stones, which is 1.3, to the Defendant. Accordingly, it is difficult to determine the amount obtained by D’s unjust enrichment as KRW 30 million, and there is no other agreement between the Defendant and D’s delivery charge and the Plaintiff’s delivery charge to the Defendant, each of which is sufficient to acknowledge that D’s automatic delivery charge of KRW 300,000,000,000,000,000.

Therefore, each of the above arguments by the defendant is without merit.

3. If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

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