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(영문) 서울고등법원 2021.01.14 2020나2033191
부당이득금
Text

The Court below the judgment of the first instance, including the Plaintiff’s primary selective claims that have been changed to exchange in this court.

Reasons

1. The reasons why this Court is stated in this part of the underlying facts are the same as that of “1. Basic Facts” among the reasoning of the judgment of the first instance, and the reasons why this Court excludes the following parts, thereby citing them as they are, in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 7 "(including a number)" in Part 2 shall be changed to "each number; hereinafter the same shall apply)".

2. The summary of the parties' arguments is the same as the statement from No. 7 to No. 3 of the reasoning of the judgment of the first instance, except for the following parts, and therefore, it is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

A. 7 pages 12 to 18 (the whole part of 2. A. 1(b)) of the I.D. are as follows:

“B) The instant claim by the legal representative of the deceased under Article 481 of the Civil Act occurred due to negligence in the management of the Defendant’s facilities. As such, the Defendant is liable for damages to G, the only inheritance of the deceased. Since the Plaintiff, on behalf of the Defendant, who has a legitimate interest to be changed, paid KRW 380,00,000 to G as compensation for damages, the Plaintiff may exercise in subrogation the right to claim compensation against the Defendant pursuant to Article 481 of the Civil Act.

Therefore, the defendant is obligated to pay the plaintiff 380,000,000 won for damages for which the plaintiff seeks payment on behalf of G.

【The Defendant, therefore, held liable for tort regarding the instant accident” on the 8th page of the Ministry of Education, Science and Technology No. 8, “In accordance with the Defendant’s tort liability regarding the instant accident.”

No. 8, 20, "20, 20, 200, 200, 200, 200, 200, 200, 200, 200, 200

3. Determination

A. 1) The cause of the claim for the return of unjust enrichment during the primary selective claims is the first time of the Plaintiff’s heir of the deceased and the deceased (hereinafter referred to as “the heir of the deceased and the deceased”).

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