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(영문) 수원지방법원 2018.11.14 2018나60151
부당이득금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons why the court should explain this part of the judgment of the court of first instance are as stated in the judgment of the court of first instance, except for the addition of the following parts before the conclusion of the judgment of the court of first instance 4, "3. conclusion", and therefore, this part shall be cited in accordance with the main sentence of Article 420 of

Additional Part

C. The Defendant’s assertion 1) was rendered prior to the Defendant’s argument, Suwon District Court Branch 2016Kadan52540, Suwon Branch 55,000 won to KRW 55,00,00, and the Defendant’s amount of dividends from KRW 6,180,466 to KRW 61,180,466. The Plaintiff’s claim in this case is in conflict with the judgment in the grounds for res judicata or judgment, and thus ought to be dismissed.

B) The Plaintiff or G Co., Ltd. (hereinafter “Nonindicted Company”)

2) A New Bank Co., Ltd. (hereinafter referred to as “New Bank”)

(2) The Plaintiff’s additional dividends against the Plaintiff are KRW 34,782,35,635,427,413 (=251,35,635,635,71,788) and KRW 25,635 (2) of the Civil Procedure Act). The Plaintiff’s additional dividends against the Plaintiff are KRW 34,782,352 (= KRW 55,000,00 which was erroneously distributed to F x 251,335,635,427,413 in proportion to the number of persons to whom the Plaintiff claims against C pursuant to Article 482(2)5 of the Civil Act. As such, the Plaintiff is entitled to claim against C only the amount equivalent to 1/2 of the amount corresponding to C in proportion to the number of persons to whom the Plaintiff claims against the Plaintiff, the obligee, and the Plaintiff’s new bank, the obligee, the obligee, may claim against C.

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