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(영문) 서울중앙지방법원 2015.07.23 2014나54754
부당이득금 반환
Text

1. The plaintiffs' appeal and the selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the entry of this case by the court of first instance concerning this case are as follows: (a) the "Defendant D" in each of the 5th, 17, 18, and 6th and 6th of the judgment of the court of first instance shall be deemed to be "Defendant E"; and (b) the plaintiffs' arguments in the trial are as stated in the reasons for the judgment of the court of first instance, except for addition of the following two paragraphs, and therefore, they shall be cited in accordance with the main sentence of Article 4

2. Additional determination items: (a) the Defendants conspired to keep 45 million won out of the money received by Defendant E from F on September 29, 201 for the Plaintiffs; and (b) arbitrarily embezzled it; (c) the Defendants are obligated to pay damages equivalent to the above amount and damages for delay thereof to each of the Plaintiffs. However, the evidence submitted by the Plaintiffs alone is insufficient to acknowledge that there was tort against the Plaintiffs, such as embezzlement of the said money at will by the Defendants, and there is no other evidence to acknowledge that there was no other reason to acknowledge that there was tort against the Plaintiffs; and (c) as seen earlier, the Defendants had the authority to hold the said money. Therefore, the above assertion by the Plaintiffs is without merit without need to further examine.

3. If so, all of the plaintiffs' claims in this case are dismissed as they are without merit, and the judgment of the court of first instance which dismissed the plaintiffs' claim for return of unjust enrichment is just in this conclusion, and thus, the plaintiffs' appeal and the claim for damages which are selectively added in the trial are dismissed as all of them are without merit.

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