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(영문) 서울중앙지방법원 2018.09.20 2017나75219
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The scope of this court’s trial at the first instance court, exercising the claim for return of unjust enrichment against G in subrogation of insolvent G with the claim for return of unjust enrichment against G from November 14, 201 to April 7, 2015, the Plaintiff filed a claim for return of unjust enrichment equivalent to KRW 157,542,31, which corresponds to the period from November 14, 2011 to April 7, 2015. The court of first instance accepted the Defendant’s claim for return of unjust enrichment equivalent to KRW 17,234,535, which is a part of the claim for return of unjust enrichment against G, from December 1, 2014 to April 7, 2015, and dismissed the Plaintiff’s claim for return of unjust enrichment.

Therefore, since only the plaintiff appealed against G, the part recognized in the first instance among the claim for return of unjust enrichment against G's defendant does not fall under the scope of this court's trial, and the scope of this court's trial is limited to the part not recognized in the first instance among the claim for return of unjust enrichment against G's defendant, and the part

2. The reasoning for this part of the judgment of the first instance is the same as that of the corresponding part of the reasoning, except for the dismissal or addition as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The real estate stated in the real estate list in attached Form 14 of the third judgment of the court of first instance shall be "Seoul Jongno-gu KSra No. 402".

[Judgment of the court of first instance that “Defendant G shall pay the Plaintiff KRW 1 billion and delay damages thereon”] of the fourth 17-18 of the judgment of the court of first instance [the Plaintiff shall be paid KRW 3,828,840,000 in collusion with the Plaintiff, thereby embezzlementing the Plaintiff’s funds, thereby holding at least KRW 3,828,840,000 against G, and G shall pay the Plaintiff KRW 1 billion out of the damages incurred by embezzlement and delay damages.]

No. 5 of the first instance judgment, "No. 7" of the fifth 15, includes each number of evidence 7.

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