logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.08.17 2017나2060032
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. The plaintiff in the summary of this case is as follows: ① The plaintiff in the first instance court of this case's agreement of this case.

2. Claim for unjust enrichment due to cancellation or cancellation, and damages due to nonperformance or tort.

The first instance court accepted part of the plaintiff's claim and dismissed the rest of claim.

Both the Plaintiff and the Defendant appealed against each of the judgment of the first instance.

Unless the judgment of the court of the first instance differs from the scope of return of unjust enrichment (Article 3-4 (d) of the grounds of the judgment of the first instance) according to the newly raised argument in the trial, all of the judgment of the

This is the case even if the newly submitted evidence is examined in the trial.

Except for a new part concerning the scope of return of unjust enrichment in the judgment of the court of first instance (Article 3-4 (d) of the grounds of the judgment of the court of first instance), the remainder shall be cited as it is in accordance with the main sentence of Article

However, the judgment of the first instance court is supplemented with respect to the part which was especially the issue in the trial following the first instance court.

2. Parts in supplement of judgment of the first instance court; and

A. In full view of the evidence adopted at the first instance court on the existence of deception, and the information on the “the number of original students of the instant fish farming institutes (in case of deception, the number of original students) and the amount of profits” in accordance with the following circumstances, the Defendant provided the Plaintiff with false information on the “the number of original students of the instant fish farming institutes (in case of deception, the number of original students) and the amount of profits” in accordance with the agreement of this case and the payment of the price should be deemed to have been made after the Plaintiff entered into the agreement of this case.

1) In the following respect, the effect of the number of original students on the conclusion of the instant agreement shall be deemed to be an important factor to determine whether the number of original students is a certain degree, and whether the proceeds of the instant fish driving school is a certain degree. A) the sales of the instant fish driving school is an important factor to determine whether to conclude the instant agreement.

arrow