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(영문) 광주지방법원 2019.05.10 2018나59594
부당이득금 등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

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, except for adding the following contents between the fourth and second of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The court of first instance held that the evidence submitted by the plaintiff at the court of first instance by the court of first instance should be deemed to be evidence and there is no error as alleged by the plaintiff as the grounds for appeal. In addition, in the case of the plaintiff's part of the claim (a claim objection) against the defendant C, if the enforcement title, which is the grounds for objection to the claim objection, is a final and conclusive judgment, the ground shall accrue after the conclusion of arguments at the court of fact-finding in the lawsuit in question. The above circumstances may not be deemed as the grounds for objection even if the debtor was unaware of such circumstances without fault and failed to assert it before the conclusion of arguments (see, e.g., Supreme Court Decision 2005Da12728, Jan. 19, 2005). The grounds for objection raised by the plaintiff in this case cannot be deemed as the grounds for objection due to the plaintiff's grounds for appeal before the conclusion of arguments at the court of fact-finding in the final and conclusive judgment in this case by the defendant C.

Although the above final judgment was declared by service by public notice, the plaintiff can not dispute by the method of raising an objection to the claim, which is the plaintiff's appeal for subsequent completion.

2. As such, the plaintiff's claim is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and all of the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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