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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. The plaintiff sought restitution of the amount of KRW 400,000 premium paid by the plaintiff to the defendant, and the amount of KRW 4,950,000,000, which was additionally paid by the plaintiff, due to the plaintiff's acquisition of the right to the party headquarters of this case and the right to the party headquarters of this case, as the plaintiff sought restitution of unjust enrichment equivalent to KRW 14,77,510, which was paid by the plaintiff on behalf of the defendant, but the court of first instance dismissed the plaintiff's above claim in its entirety.
Accordingly, the plaintiff appealed only against the claim for restitution of unjust enrichment amounting to KRW 14,777,510 among the part against the plaintiff. The portion of the claim for reimbursement of KRW 4,950,000 for the return of premium amounting to KRW 400,000 and the replacement of facilities was excluded from the scope of the judgment of this court.
2. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
3. A person who pays income falling under any of the following subparagraphs to a resident or a nonresident in Korea (limited to a person prescribed by Presidential Decree, such as a business operator, in cases of a person who pays income under subparagraph 3) shall withhold income tax on such resident or nonresident pursuant to the provisions of this Section:
6. Other income: Provided, That income falling under any of the following items shall be excluded:
Income under subparagraph 8
(b) Penalty or compensation under Article 21 (1) 10 (limited to where contract money is replaced with penalty or compensation therefor);
(c) Income under Article 21 (1) 23 or 24 (1) 1 shall be any of the following, in addition to interest income, dividend income, business income, labor income, pension income, retirement income, and capital gains:
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