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(영문) 대전고등법원 2017.02.16 2016나12647
부당이득금
Text

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 grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part that is amended or deleted in paragraph (2) below, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be altered or deleted;

A. The “I” of the 7 lines below the second sentence of the first instance judgment is changed to Q.

B. Defendant B’s “Defendant B” in line 4 below the second sentence of the first instance judgment is replaced by Defendant D.

C. The three-party two pages of the judgment of the court of first instance are deleted as the sales price under the above sales contract.

The 3rd 9 line of the judgment of the first instance is replaced by “This Court” from the Daejeon District Court’s astronomical Branch.

E. The phrase “written evidence No. 5” in the 5th sentence of the judgment of the court of first instance is replaced by “written evidence No. 5 and No. 7, and the testimony of the trial witness R”.

3. The plaintiff's claim for conclusion shall be dismissed on the ground that all of the claims are without merit.

The judgment of the court of first instance is justifiable in conclusion as above.

The plaintiff's appeal is dismissed and it is so decided as per Disposition.

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