(영문) 대구지방법원 2017.07.12 2016나313463

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(영문) 대구지방법원 2017.07.12 2016나313463

부당이득금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance (including separate sheet), except where the pertinent part is modified or added as follows, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Of the text of the judgment of the first instance, ① Each “57,69,007 won” in Chapter 4, Chapter 4, and Chapter 5, each “57,69,007 won” shall be deemed respectively “37,69,007 won,” ② From November 26, 2014, which is the day following the delivery date of the duplicate of the complaint of this case, as requested by the Plaintiff, as requested by the Plaintiff, to “from November 26, 2014, which is the day when the copy of the complaint of this case is deemed to have become a malicious beneficiary” and ③ from Chapter 5, each “from the day following the delivery date of the duplicate of the complaint of this case or counterclaim” shall be deemed to be “from the day following the delivery date of the duplicate of the complaint of this case”.

B. Of the judgment of the first instance, the name of the administrative district was changed to “G” after “F” in Section 11 of Chapter II.

“A legal interest or “legal interest” shall be added respectively after the “calculated” in Part 5, paragraph 13.

3. Thus, the plaintiff's claim of the principal lawsuit is justified within the extent of the above recognition, and the remainder of the principal lawsuit and the defendant's counterclaim are dismissed, without merit. The part concerning the principal lawsuit in the judgment of the court of first instance, which has partially different conclusions as to the damages for delay, is unfair, but the judgment of the court of first instance cannot be modified disadvantageously to the defendant in the case of which only the defendant appealed. Thus, all appeals against the principal lawsuit and counterclaims are dismissed. It is so decided as per Disposition.

참조조문

-민사소송법 제420조

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