logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2021.02.10 2019나121009
부당이득금
Text

All appeals filed by both the Plaintiff and Defendant C are dismissed.

Expenses incurred in appeal between the Plaintiff and Defendant B.

Reasons

1. The grounds for appeal by the Plaintiff and Defendant C, which cited the first instance judgment, are not significantly different from the allegations in the first instance trial, and the recognition and determination of the first instance judgment are recognized as legitimate.

Therefore, this Court's decision is citing the reasoning of the first instance judgment except for the dismissal as set forth in the following paragraph 2, and therefore, it is citing it by the main text of Article 420 of the Civil Procedure Act.

2. In the judgment of the first instance court in the second instance part, the Court notified that “the dismissal will be cancelled” in the third part of the judgment.

“The intention to cancel” was expressed.

“Aro-friendly”.

Under the 3th judgment of the first instance court, the term “witness” shall be read as “a witness of the first instance court”.

In the fourth 6th 6th am in the first instance judgment, the following "(the defendant C does not clearly dispute the fact that it is obliged to divide the shares of the defendant company into face value and complete the registration of capital reduction of the defendant company," as alleged by the plaintiff, and the defendant C, during the same 6th am in the same 7th am, "not only did it have been done, but also did not perform it at will even after being urged by the plaintiff," and "in the same 7th am in the same 7th am in the same am in the same am," respectively, "in the notice" was "in the expression of intention", and "in the same 8th am in the same am in the same am in the same am in the same 7th am," and "in the same way, it is reasonable to delete" from the same am in the same am.

The first instance court's decision 4th 11-15th judition is as follows.

Therefore, barring special circumstances, Defendant C’s aforementioned KRW 20 million and its payment date, as sought by the Plaintiff, shall be 12% per annum from January 31, 2018 to January 22, 2019, the delivery date of a copy of the instant complaint against the said Defendant, as claimed by the Plaintiff, within the statutory interest rate of 5% per annum under the Civil Act, and within the scope of the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

arrow