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(영문) 인천지방법원 2020.02.04 2019나53290
부당이득반환
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Quotation of the first instance judgment

A. The grounds for appeal by the plaintiff are as follows: (a) added and added to the argument about the claim for return of unjust enrichment in the first instance court; and (b) it is not significantly different from the argument in the first instance court except for adding the claim for return of unjust enrichment in the conjunctive tort as described in paragraph (2) below; and (c) even if the evidence submitted in the first instance court was presented to the court, even if the defendants retain the money transferred to the plaintiff even if the evidence was presented to the court, this is due to the contract of this case or the agreement of this case between the plaintiff and D, and thus it cannot be deemed that the plaintiff was paid without any legal cause.

B. Therefore, the reasoning of this court’s judgment is as follows, except for the Plaintiff’s assertion of addition and lectures in relation to the primary claim as described in Article 2(a) below, and the addition of the judgment on the conjunctive claim added by this court as described in Article 2(b) of the Civil Procedure Act as stated in the reasoning of the judgment of the first instance. Thus, this court’s judgment is acceptable in accordance with the main sentence of Article 420

2. Additional determination

A. As to the primary claim, the gist of the Plaintiff’s assertion D is that, after deceiving the Plaintiff as if it were used for construction cost, the Plaintiff received the above KRW 24,200,000 from the Plaintiff, who was erroneous, to Defendant B’s account, and used the above KRW 155,00,000 for personal purposes, such as living expenses, from Defendant C’s account, and the Defendants knew, or was grossly negligent in not knowing, that each of the above money was acquired through D.

Therefore, with the return of unjust enrichment, Defendant B is obligated to pay the said KRW 24,200,000 to the Plaintiff, and Defendant C is obligated to pay the said KRW 155,000,000 and damages for delay to each said money.

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