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(영문) 수원고등법원 2020.08.20 2019나16266
부당이득금
Text

1. The plaintiff's appeal against defendant D and E is all dismissed.

2. Of the judgment of the court of first instance, part as to Defendant B and C.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases where the reasoning of the judgment is written or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

The May 1st of the first instance judgment "one year" in the 11st sentence shall be applied to "two years (two-year evidence No. 3)".

The portions of the 5th judgment of the first instance to the 19th "at latest" in the 18th judgment are as follows.

Since April 6, 2018, at the latest, K reported the closure of its business, and from around April 1, 2018, it is reasonable to deem that Defendant C began to possess the first shop from around the time when he newly registered as Defendant C with the trade name of “I” (the result of this court’s order to submit tax information on the budget tax secretary)”, the 5th and 6th, 10, 11, 12, 17, and 18 of the first instance judgment “each “the June 9, 2018,” respectively, shall be changed to “the April 6, 2018.”

The portion of "2,172,27" through "2.4 (including the portion "2,104,607 won" and "3.4) of Part 7 of the judgment of the court of first instance shall be applied as follows: "3,381,119 won (=105,252 won among the second real estate from April 6, 2018 to October 1, 2018) x 1/250 (the portion occupied by the first store from "141,120) x 1/4 (the Plaintiff's share) x 6.1/6.0 of the judgment of the court of first instance x 2.5 (the date from April 6, 2018 to October 1, 2018) x 30.5 (the date from October 1, 2018) x 1/6.30 of the judgment of the court of first instance x 18.5 (the ownership of the Plaintiff's share) x 2.5.18.6.18/6.7.18/6.7.1/6.8) x

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