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(영문) 대법원 2019.10.31 2018다245344
부당이득금
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court upheld the first instance judgment dismissing the Plaintiffs’ claim seeking return of unjust enrichment on the premise that it is difficult to recognize the fact that Plaintiff A borrowed KRW 2 billion from the Defendants.

In light of the records, the judgment of the court below did not err in the misapprehension of facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or in the misapprehension of legal principles as to the interpretation of disposal documents and the requirements for establishing a loan for consumption of money, etc., which affected the conclusion

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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