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(영문) 광주지방법원 2019.10.11 2019나51856
손해배상(기)
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 appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if all evidence submitted in the court of first instance are examined, the fact-finding and judgment of the court of first instance

Therefore, the reasons for the judgment of the court of first instance are as follows, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] The following is added to the fourth 2 line of the judgment of the first instance.

[Plaintiff asserts that if the Defendant’s account remains in 60 million won but is not liable to the Defendant, it is unreasonable to deem that the Plaintiff is not liable to the Defendant. However, there is no evidence suggesting that the Plaintiff is holding KRW 60 million as above because it did not submit any other additional evidence, such as the details of the use of the Defendant’s account, etc., and even if the Plaintiff seeks return of unjust enrichment by proving that the said money remains in the Defendant’s account, it is difficult to view that the Plaintiff still remains in the Defendant’s joint tort liability.

2. In conclusion, the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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