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(영문) 의정부지방법원 2019.01.18 2018나201826
부당이득금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and Defendant C are dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) and Defendant C.

Reasons

1. The first instance court accepted part of the Plaintiff’s claim against Defendant C, Defendant B’s counterclaim, and dismissed the remainder. The Plaintiff’s claim against Defendant B was dismissed.

Since only the defendants appealed, the scope of the trial of the party shall be limited to the part against the defendant C among the plaintiff's claim against the defendant C, and to the part against the above defendant among the counterclaim against the defendant B.

2. The reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance except for a modification or addition of the following, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

3. Change and addition are as follows: “Nos. 8, 9, and 33” of the 4th Amendment and addition [Grounds for Recognition] to “Evidence Nos. 8, 27, 28, and 33, and the result of inquiry about the branch offices of the first instance court to the Korea Rural Community Corporation.”

4 The following facts are added to “(in the absence of any dispute)”, “(in the absence of any dispute)”, “A evidence No. 1,” and “(in the absence of any dispute, the Defendants’ writing on June 13, 2017)”, and “(in the absence of any dispute, the entry of evidence No. 8, and the result of inquiry into the branch office of the Korea Rural Community Corporation of the first instance).”

The 5th page “only is” and the following is added to “the Plaintiff’s respective preparatory documents as of May 31, 2016 and November 201, 2017, the Defendants’ respective preparatory documents as of January 11, 2017, June 13, 2017, and November 8, 2017, respectively.”

5 The 6th page “ended” added “(as a result of the fact inquiry into the ginseng Corporation of the first instance, see Defendant’s preparatory brief dated August 28, 2017).”

At the bottom of 5, 3 others (the result of each fact-finding on P pages of the first instance). 6. The 6.m. “No. 17” is changed to “No. 13, 16, 17, and 30.” The 4.m. “Plaintiffs” under the 9.m. “At the bottom of 9,” following the 9.m. “The 9m. was received” under the 9m., “A,” and “B,” respectively.

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