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(영문) 대전지방법원 2018.01.16 2017나6403
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of this court's ruling is as follows, except for the addition of "2. Additional Judgment", and therefore, it is identical to the reasoning of the court of first instance, and thus, it is also acceptable by the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that he did not have an obligation to compensate the plaintiff for any civil damage since he/she agreed not to hold the plaintiff more responsible than the plaintiff in the criminal trial. However, as acknowledged earlier, there is no evidence to deem that the plaintiff had an agreement not to claim any additional civil liability as alleged by the defendant, in addition to the fact that he/she received the amount of criminal agreement from the defendant as a criminal agreement, as well as the fact that he/she received the amount of 4

3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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