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(영문) 서울고등법원 2018.10.10 2018나2020642
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following modifications.

[Revision] Article 6-7 of the first instance judgment provides that “A total of KRW 1.9 billion was lent by October 1, 2014,” which read “A total of KRW 1.6 billion was paid by October 7, 2014 or as advisory fees.”

Each "500 million won" of the second and third instances of the judgment of the court of first instance shall be "410 million won" respectively.

On the second page of the judgment of the first instance court, the term "loan" in the 11st page of the judgment of the second instance is regarded as "loan or advisory fee".

The following contents shall be added to the second sentence of the first instance court, the second sentence of the second instance and the second sentence of the fifteenth.

“The advisory contract between the Plaintiff and B became null and void on the ground of non-performance of the terms and conditions.

Even if the plaintiff can seek a return of unjust enrichment equivalent to the advisory fee against B, the issue of whether the plaintiff can seek a return of unjust enrichment against the defendant cannot be claimed against the defendant.

ii) Doese

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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