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(영문) 서울고등법원 2017.02.23 2015나26797
부당이득금
Text

1. The part against the defendant among the part concerning plaintiffs AT and BF of the judgment of the first instance shall be revoked, and the corresponding part shall be revoked.

Reasons

1. Scope of the trial of the political party after remand;

A. Plaintiff N. and 115 (hereinafter collectively referred to as “the Plaintiffs in the first instance trial”) filed a claim against the Defendant for return of unjust enrichment. Accordingly, the first instance court partly accepted the Plaintiff’s claim from the Plaintiff N. and 11 (hereinafter collectively referred to as “part of the Plaintiffs in the first instance trial”), dismissed the rest of the claim, and dismissed the rest of the claim by the Plaintiffs in the second instance.

B. As to the part of the judgment of the court of first instance against the plaintiffs who lost in whole the judgment of the court of first instance, both P and 14 others (hereinafter "the plaintiffs in part of the judgment of first instance") and the plaintiffs in part of the judgment of the court of first instance against the plaintiffs in part of the judgment of the court of first instance, the defendant appealed against the plaintiffs in part of the judgment of first instance.

C. Prior to the remand of the case, the court below accepted the defendant's appeal against AU, BB, BC, and BG among the part of the judgment of the court of first instance, and revoked the part against the defendant, and dismissed all the part against the defendant's appeal against the above plaintiffs. The court below accepted part of the plaintiffs' appeal against 8 of the judgment of first instance, including N. (C. hereinafter.) among the part of the plaintiffs in favor of the court of first instance, accepted part of the claim of the above plaintiffs, and dismissed the remaining appeal, and all of the appeals by the plaintiffs in the judgment prior to the remand other than the above plaintiffs were dismissed.

On the other hand, both the plaintiffs in the first instance trial and the defendant appealed (the defendant appealed against the plaintiffs in the first instance trial and the first instance trial prior to the remand, only part of the part against the plaintiffs in the first instance trial prior to the remand). The Supreme Court dismissed the appeal by the plaintiffs in the first instance trial prior to the remand, but the part against the plaintiffs in the first instance against the defendant was reversed and remanded to this court.

Plaintiff

On July 5, 2010, the date of service of a copy of the complaint on the money of the first instance court (won).

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