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(영문) 부산고등법원(창원) 2016.08.18 2016나20100
부당이득금
Text

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

2...

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance except for the following additional determination, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The findings of fact and judgments of the first instance court shall not be different, even considering the allegations and evidence added in the trial. 2. Additional decision

A. The gist of the Plaintiffs’ assertion is selectively selected from November 15, 2001 to April 28, 201, Defendant D withdrawn KRW 831,962,010 from the passbook in the name of the networkF from November 15, 201 to April 28, 2015, and stolen KRW 451,310,20 among them, Defendant D is obligated to compensate Plaintiff A, who is the spouse of the networkF, for damages (i.e., KRW 451,310,200 x 3/7), Plaintiff B and C, who are children of the networkF, for tort liability (i.e., KRW 451,310,200 x KRW 310,310,200 x KRW 22081,3710 x 2816,710 x 371,781 x 207,7187).

B. Based on the reasoning of each of the evidence Nos. 1 and 21, Defendant D stolen the net F money.

It is insufficient to recognize that money was donated or received from the networkF, and there is no other evidence to acknowledge it, so the above assertion by the plaintiffs is without merit.

3. In conclusion, the plaintiffs' claim of this case is dismissed in its entirety as it is without merit, and the judgment of the court of first instance that dismissed the plaintiffs' claim for return of unjust enrichment is justified as it is in conclusion, and it is dismissed in both the plaintiffs' appeal and the alternative claim added in the trial and the preliminary claim. It is so decided as per Disposition.

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