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(영문) 부산고등법원(창원) 2015.06.11 2014나22157
부당이득금 반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons why the court should explain this case are the same as the reasons for the judgment of the court of first instance, except for the addition of the following contents to the six pages 1 of the judgment of the court of first instance [it is difficult to conclude a different conclusion only with a written confirmation (Evidence A7) submitted by the plaintiff in the court of first instance after the closing of argument], and we accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Additional Parts] The No.S. Deposit Claim of the Plaintiff and the Defendants did not exist at a certain amount from the beginning, but at the same time, the power generation price for the electricity produced by the Plaintiff and the Defendants for the period from the time an application was filed for commencing an rehabilitation procedure against the Plaintiff and the Defendants until the Plaintiff and the Defendants were acquired. ⑤ The Plaintiff entered into a contract with the Plaintiff at KRW 215,160,000 on May 21, 2012 with regard to the part of the earth and sand work among the two Young-gu Co., Ltd. and the Disaster Risk Area Emergency Reinforcement and entered into a contract with the Plaintiff at KRW 215,160,780 (as of July 18, 2012) and the Plaintiff’s deposit claim was reduced to KRW 81,650,780 (as of July 18, 2012) (i) the balance of the deposit claim is equivalent to KRW 296,810,780, and thus, there is no difference between the amount of the Defendants’ deposit claims.

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2. Thus, the plaintiff's claim against the defendants is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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