(영문) 서울고등법원 2016.05.13 2015나2036974

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(영문) 서울고등법원 2016.05.13 2015나2036974

부당이득금

Text

1. Of the judgment of the first instance, KRW 159,459,077 against the Plaintiff and the Plaintiff shall be fully repaid from March 18, 2014.

Reasons

1. The reasons for this part of the facts of recognition are as follows, and this part of this Court's reasoning is identical to the entry "1. Basic Facts" in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The "323-58" in the third sentence of the first sentence of the first instance judgment shall be construed as "343-58", the "agent" in the third sentence shall be construed as "fund manager and proxy trust agent", and the "agent" in the 10th sentence shall be construed as "agent as", respectively.

The 3rd, 4th, 16th, and 22th of the judgment of the court of first instance shall be conducted in all "the Project" as "the Project in this case."

Part 6 of the judgment of the first instance (Seoul High Court 2009Na15595) is amended to "(Seoul High Court 2009Na25595)"(Seoul High Court 2009Na25595).

Defendant L&S Holdings Co., Ltd. (hereinafter referred to as “Defendant Company”) shall be put into “Defendant” in Part 11 of the 6th judgment of the first instance court.

6. Forms 16 through 7 of the 6th decision of the first instance shall be followed as follows.

(2) The executing court shall set forth a half of the above deposit amount of KRW 212,371,300 (hereinafter “first deposit”).

As to the Plaintiff’s deposit for repayment, the non-acceptance of the report was deemed to be the deposit for repayment, and the remainder of KRW 212,371,300 (hereinafter “the second deposit”).

With respect to the distribution procedure, the distribution procedure is proceeded with, and on September 9, 2010, the Seoul Southern District Court E (hereinafter “instant distribution procedure”).

(2) In the instant case, the Defendant distributed KRW 159,459,077 to the Defendant, and KRW 53,302,818 to the Republic of Korea in the same court A distribution procedure on October 28, 2010, respectively. The Defendant distributed KRW 159,459,07 of the said dividends on September 9, 2010 (hereinafter “instant dividends”).

The receipt was made.

“Defendants”, “Defendants, etc.”, and “Defendants, etc.” in the 7th sentence of the first instance court decision shall be referred to as “Defendants, etc.”.

2. Judgment on the assertion

A. The summary of the party’s assertion 1 Plaintiff D following the instant conciliation.

참조조문

-민사소송법 제420조

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