(영문) 서울고등법원 2015.05.20 2014나2027546

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(영문) 서울고등법원 2015.05.20 2014나2027546

보관금 등

Text

1. The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, shall be payable:

Reasons

1. The premised factual basis;

2. Determination as to the cause of the principal action;

3. Determination as to the defendant's defense and counterclaim

C. The reasoning for the court’s explanation on this part is as follows, and this part of this case is identical to the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

At the bottom of the second judgment of the court of first instance, the term " August 17, 2009" shall be read as " July 9, 2009".

From the 5th parallel 6th parallel 13th parallel 13th parallel 7th parallel 7th parallel 7th parallel 7th parallel 7th parallel 7th parallel.

3) On January 21, 2011, the Defendant additionally returned KRW 30,000,000 out of the custody amount to the Plaintiff on January 21, 201.

(2) The Defendant’s assertion that this part of the claim is based on the purport that, as indicated in the above paragraph (2), the amount paid in excess should be the loan, since the Plaintiff agreed to substitute the payment of the apartment purchase price for the full amount and the portion of the deposit money, and then the Plaintiff paid the amount higher than the remainder of the deposit, it cannot be deemed that the amount paid was a loan.

(B) On August 11, 2009, the Plaintiff received KRW 150,00,000 among C’s deposits from the Defendant and agreed to waive all rights to the remaining inherited property. On November 18, 2010, the Plaintiff received KRW 7,815,527 from C’s deposit on January 18, 201, but was paid KRW 150,815,527 from the Defendant on January 18, 201 and unjust enrichment of KRW 7,815,527. Since the Plaintiff received KRW 150,00,000 from the Defendant on January 18, 201 and received KRW 515,527 from the Defendant on January 21, 201, up to KRW 5,20,30,000,000 in addition to KRW 3,228,436,00, the Plaintiff is obligated to return the amount of unjust enrichment to the Defendant.

Part 7, 6, "No. 1910 of the 19th class", "No. 1910 of the 19th class", and "No. 13 of the same 19th class", but 5, 34 of the 5, 34.

참조조문

-민사소송법 제420조

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