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(영문) 서울고등법원 2018.01.23 2017나2040182
부당이득금
Text

1. Plaintiff 1’s portion against the Defendant in the first instance judgment, which constitutes the following additional payment order.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the first instance court's judgment, except for the part concerning dismissal, addition, or deletion as stated in paragraph (2) below, and therefore, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The “Defendant E”, “Defendant C”, and “Defendant D” of the first instance judgment that is dismissed, added, or deleted shall each be “Defendant E”, “Codefendant E of the first instance trial”, “Codefendant C of the first instance trial”, “Codefendant D of the first instance trial”, and “Defendant B” shall be “Defendant”, respectively.

The witness E's testimony shall be added after the statement of No. 12 in Part 4 of the decision of the first instance.

Parts 4, 17, 5, and 15 of the decision of the first instance court are as follows.

2) The Defendant’s defense of mutual aid (A) The Defendant asserted that the Defendant spent KRW 46,05,079 in total with medical expenses, medicine expenses, and medical device purchase expenses, etc. for the treatment of the deceased’s pulmonary tuberculosis from September 15, 201 to the time of the deceased’s death (hereinafter “the Defendant’s defense”), and the remaining medical expenses, funeral expenses, and specifications expenses (hereinafter “instant funeral expenses”). This is the cost to have been borne by the Plaintiff, who is the deceased or his heir, and therefore, the amount should be deducted from unjust enrichment that the Defendant should have to return to the Plaintiff.

B) Comprehensively taking account of the overall purport of the arguments in the written evidence Nos. 17 through 22, 37 of the evidence No. 9-2, No. 10, 11, and 16 of the Defendant’s assertion treatment expenses, the Defendant may acknowledge the fact that the Defendant paid KRW 21,825,930 in total, from September 15, 201 to July 16, 201, for the treatment of the deceased’s pulmonary tuberculosis treatment expenses, medical expenses, medicine expenses, and medical expenses purchase expenses, etc. [the use of the Defendant Samsung Card No. 10-1, 2], and the details of the deceased’s medical expenses and medicine expenses, as well as the receipt of the expenses of the deceased’s Samsung Card No. 9-22, 37, 11, and 11.

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