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(영문) 서울고등법원 (인천) 2021.01.14 2020나11061
부당이득금
Text

The plaintiff's appeal is dismissed in entirety.

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

The purport of the claim and the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is to be cited by the main text of Article 420 of the Civil Procedure Act, on the grounds that the court excludes the part to be used as described in paragraph 2 below, and thus, it is identical to the reasoning of the judgment of the court of first instance.

2. Parts to be dried;

A. On the 5th page of the first instance judgment, the 5th page No. 8 of the 5th page “each recording (Evidence A No. 9, 12 through 14),” written confirmation (Evidence A No. 8, 10, 11) was written to read “each recording (Evidence A No. 9, 12, 14), each written confirmation (Evidence A No. 8, 10, 11, 15)” as “A’s testimony by the witness of this court is taken.”

B. The 7th page 7 of the judgment of the court of first instance was extinguished.

As such, “a person has ceased to exist”

The above evidence alone gave up the benefit of the extinction of the statute of limitations.

It is also difficult to recognize it. "In addition, it is difficult to recognize it."

3. Thus, the plaintiff's claim is dismissed in its entirety as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is without merit, and it is so dismissed as per Disposition.

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