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(영문) 서울고등법원 2018.04.05 2015나31737
채무부존재확인
Text

1. The list of the plaintiffs in the judgment of the court of first instance shall be stated in the annexed sheet 1. The list of the plaintiffs and the succeeding intervenors in the attached sheet 2.

Reasons

1. Scope of the judgment of this court;

A. ① The Plaintiffs (73) and ② the Plaintiff, the first instance court prior to remand, filed a claim for the return of unjust enrichment against the Defendant (hereinafter “Plaintiffs and the Intervenors, etc.”) and the Defendant (hereinafter “Plaintiffs and the Intervenors, etc.”) including the Plaintiffs and the Intervenors, the first instance court dismissed all of the claims against the Defendant by both the Plaintiffs and the Intervenors, etc.

B. Accordingly, both the plaintiffs and the plaintiff succeeding intervenors appealed. The court prior to the remanding of the case, revoked the part against the plaintiffs in the above judgment prior to the remanding of the case corresponding to the money ordered to be paid under the following among the part against plaintiffs AH,CC, CK, and Q, and dismissed the remaining plaintiffs and the plaintiff succeeding intervenors, respectively.

H. The defendant shall pay to the plaintiff AH KRW 27,287,374 and its corresponding KRW 27,287,374 from December 29, 2010; from January 8, 2011 to the plaintiffCC KRW 27,287,374; from December 29, 2011 to the plaintiff CK KRW 26,840,040; from December 29, 201 to the plaintiff Q Q Q for KRW 26,840,040; from December 31, 2010 to December 20, 2012; and from the next day to the day of full payment, the amount of KRW 20% per annum.

C. As to the above, ① and ② the rest 11 of the 11st of the plaintiffs in the trial before remanding (AL, AR, BC, BM, Q, Q, U, CN, CO, CY, and CY), ③ the plaintiff succeeding intervenors (4) and ④ the plaintiff succeeding intervenors (4) and the plaintiff succeeding intervenors) were appealed. The Supreme Court reversed the part of the case against the plaintiffs except the plaintiff CO and CP in the judgment before remanding (73) and the remaining plaintiffs (9) before remanding (9), the plaintiff succeeding intervenors (4) and the plaintiff succeeding intervenors Q, and the plaintiff succeeding intervenors were remanded to the court. The part of the case is reversed and remanded to the court. The plaintiff CO and CP before remanding the case.

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