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(영문) 서울고등법원 2018.11.01 2018나2023542
부당이득금
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. The grounds for the acceptance and alteration of the judgment of the court of first instance are as follows, and such reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

Part II, 15 to 20 shall be deleted.

Part 3, "E." in Part 1 shall be changed to "C."

Part 3, "Determination on the Grounds of Claim 3." in Part 15 is the "Determination on the Grounds of Claim 3."

Part 3, “189 million won” in Part 21 of Part 21 is referred to as “189 million won (the sum transferred by the Plaintiff to F less KRW 262 million prior to the transfer of the Plaintiff’s status as a member of the G G name).”

Part 4, paragraph 11, the following shall be added:

"4. Judgment on the conjunctive cause of claim

A. The summary of the Plaintiff’s assertion is that the Defendant did not have been delegated with any authority by the Nonparty Union, but received KRW 189 million through F in return for the transfer of the Plaintiff’s membership status. Here, even if the Defendant deducts the amount of KRW 60 million paid to the Union in relation to the transfer of the Plaintiff’s membership status, the remainder of KRW 129 million and damages for delay should be paid to the Plaintiff as compensation for tort.

B. The written evidence Nos. 9 and 17 alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

“”

2. The plaintiff's primary claim and the conjunctive claim added by this court must be dismissed as it is without merit.

The judgment of the first instance, which dismissed the plaintiff's primary claim, is just, and thus, the plaintiff's appeal is dismissed, and the supplementary claim added by this court is also dismissed.

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