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(영문) 대법원 2018.09.13 2016다269056
부당이득금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court rejected all of the Plaintiff’s claim against the aforementioned Defendants for damages, restitution of unjust enrichment, loan, or return of investment amount, on behalf of D Co., Ltd., and rejected Defendant B Co., Ltd., and C’s claim for revocation of fraudulent act and restitution of the original state against Defendant New Real Estate Trust, which are the preserved claim.

In light of the relevant legal principles and records, the above judgment of the court below is just and it did not err by misapprehending the legal principles on damage claim and claim for return of unjust enrichment due to joint tort, or by failing to exhaust all necessary deliberations, or by violating the rules

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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