logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.09.10 2020나2003756
부당이득금
Text

1. The plaintiff's appeal, expansion in the trial room, and additional plaintiff's claim are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons why this Court is stated in this part of the basic facts are the same as “1. Basic Facts” in the reasoning of the judgment of the first instance, and such a part shall be cited as they are, in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it excludes the following parts.

When calculating the number of parallels No. 15 on the 2nd side, each margin between the order and the purport of the claim, the purport of the claim, and the reasons is not considered one.

Defendant B used “Defendant B” to “Co-Defendant B Co-Defendant B (hereinafter “B”) in the first instance trial, and all Defendant B “B” in the same manner.

The Ministry of Education, Science and Technology (formerly changed: G Co., Ltd.) Nos. 7 through 8 of the Ministry of Education, Science and Technology (formerly changed: G Co., Ltd.) shall be used as “Defendants (formerly changed: G Co., Ltd.)” and all of “Defendant C” shall be used as “Defendants”

2. Grounds for claims organized by the Plaintiff

A. The reasons why the court should state this part of the claim for return of unjust enrichment are the same as that of 5th to 6th [the whole of 2.B] among the reasons of the judgment of the first instance when excluding the parts altered as follows. Thus, this part of the claim for return of unjust enrichment is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant C, all of whom are "Defendant C", shall be referred to as "Defendant", on the 5th page and 17th page.

Ministry of Agriculture, Food and Rural Affairs No. 15 to 18 (the whole content of Item 2.b.(4)) shall be as follows:

Although the second lease contract in the final state was null and void or revoked, the Plaintiff paid the Defendant a total of KRW 129,09,319,000,00 to December 20, 2019, total of KRW 129,09,319, as the lease fee was paid from October 10, 2016 to December 20, 201, the Defendant is obligated to return the said KRW 129,09,319 to the Plaintiff

B. The Defendant is obligated to allow the Plaintiff to use the instant medical device during the lease period in accordance with the second lease agreement. Upon the expiration of the lease period, the Defendant is obligated to transfer the instant medical device to the Plaintiff without compensation.

Nevertheless, the Plaintiff on February 2016.

arrow