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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it is acceptable in accordance with the main sentence of Article 420 of the
2. Part II written by the court of first instance, “50,027,000 won (=450,000,000,000 KRW 46,014,780, 3985,220)” was “50,000,000 won (=450,000,000 KRW 46,780,000),” and was written by “50,000 won (=3,985,220 won).”
From Nos. 4 to 6 of the judgment of the first instance court, the part “(b) related to the legal principles and judgments” shall be followed as follows.
Article 741 of the Civil Act provides, “A person who gains a profit from another person’s property or labor without any legal ground and thereby causes a loss to another person shall return such profit.”
In the case of the so-called unjust enrichment for which one of the parties has paid a certain amount of benefit according to his/her own will and then claims the return of the benefit on the grounds that there is no legal ground, the burden of proving that there is no legal ground
(See Supreme Court Decision 2017Da37324 Decided January 24, 2018. Pursuant to Article 469 of the Civil Act, repayment of a debt may be made by a third party. Thus, in order for the third party to extinguish the debt by repaying another party’s debt, the third party has the intent to perform the debt of the other party, and such intent shall be expressed through the designation of repayment that it is the repayment of the other party. However, if the creditor knows that the third party is the repayment of the debt of the other party, it can be deemed that the third party was designated as the repayment of the debt of the other party.
(see, e.g., Supreme Court Decision 2009Da71558, Feb. 11, 2010). 2) The judgment of each of the following items: Gap evidence 1 to 3, Eul evidence 1 to 19 (which has a serial number) is included in each description including a serial number.