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(영문) 서울고등법원 2016.07.08 2016나600
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 reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the part concerning the defendant among the judgment of the court of first instance is stated in the reasoning, except for partial revision or deletion as follows.

The "representative director" of 10 pages 3 of the judgment of the first instance court shall be amended to "director".

The Court of First Instance 3, 13, and 14 revised the following as follows: “F did not pay approximately KRW 31 million for the remainder of the construction work to F, and did not pay the remainder of the construction work,” and revised as “The total amount of F’s representative director N was KRW 5 million for a bill which was received by F from C, but was not settled until the date of the above default.”

The part of “G provided” at the 3-6th line of the judgment of the first instance court at the 3-6th line of the judgment, “N shall pay the above 55 million won to N, and N shall provide the instant provisional registration transfer documents instead of cancelling the provisional registration of this case in the name of G. Accordingly, H shall revise the said part to “after receiving the documents for transfer of the instant provisional registration in the name of G from N, by paying 40 million won first to N.”

"No dispute exists, Gap's evidence Nos. 1, 2, 4, 5, 7, 9, 16, and 17" at the fifth bottom of the judgment of the court of first instance shall be amended with "No dispute, the fact that there is no dispute, a significant fact with the court of first instance, Gap's evidence Nos. 1, 2, 4, 5, and 7, and "No. 1 through 5, Eul's evidence No. 7, and No. 10-1, 6 at the bottom of the same face shall be deleted."

The 7th 8th 9th 8th 9th 8th 9th 9th 8th 9th 8th 9th 12,325,197th 12,325,197th 23,151th 12,348,348th 12,348th 20th 15th 2th 15th 2

2. In conclusion, the plaintiff's claim against the defendant is justified, and the part against the defendant in the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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