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(영문) 서울고등법원 2016.09.09 2016나2002107
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The court's explanation concerning this case is the same as the reasoning of the judgment of the court of the first instance, except for partial deletion or modification as follows. Thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act.

The "C" (hereinafter referred to as "C") shall be deleted at the bottom of 8,9 (hereinafter referred to as "C") of the judgment of the first instance.

The "D" (hereinafter referred to as "D") shall be deleted at the bottom of two sides of the judgment of the first instance.

At the lower end of the three pages of the judgment of the first instance court, five to eight shall be amended as follows:

“The instant limited probation guarantee agreement” in the fourth 1st 4th 1 of the first instance court ruling of “the instant limited probation guarantee agreement” is amended as “the instant limited probation guarantee agreement”, and “the instant limited probation guarantee agreement” in the fourth 4th 1st 4th 4th 5th 4th 5th 4, lower 4th 5th 3, and fourth 4th 4th 4th 4th 4th 4th 4th 4th 5th 4th 5th 5th 5, and lower 3, and fourth 4th 4th 4th 5th 4th 4th 5th 5th 10,” respectively.

On 5th 13th 13th 13th 5th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 2th 14th 14th 14th 14th 14th 2nd 202

In violation of paragraphs (2) through (4), "in violation of paragraphs (2) through (4)" shall be amended to "in accordance with paragraph (4) of the same Article in violation of paragraphs (2) and (3)."

The testimony of witness E shall be revised to "part of witness E" of the six pages 9 and 10 of the judgment of the first instance court.

At the 6th and 7th at the bottom of the judgment of the court of first instance, “A’s evidence Nos. 1 through 26, A’s evidence No. 27-1, 2, and A’s evidence No. 28-1 through 5, and witness E’s testimony” shall be amended “A’s each statement of evidence Nos. 11 through 14, 16, 17, 18, 24, and 25, and part of witness E’s testimony of the court of first instance.”

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.

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