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(영문) 서울고등법원 2017.12.14 2017나19465
부당이득금반환
Text

1. The Plaintiff’s appeal against Defendant C, D, F, and H is dismissed in entirety.

2. The part against Defendant N in the judgment of the first instance against Defendant.

Reasons

Basic Facts

The reasoning for this Court’s explanation is as stated in Section 1 of the judgment of the first instance except for the following grounds for recognition. Therefore, this Court’s explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[The part used for the purpose of this case] The plaintiff's assertion of the following facts: Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, 2, 4, Eul evidence 5-1, 2, and Eul evidence 5-1, 5-2, Eul evidence 5-2, the first instance court's order to submit each financial transaction information to the national bank, the company bank, the new bank, NFFFFFFFFF, the first instance court's order, the whole purport of the pleading, the assertion of the whole purport of the pleading, and the main cause of the judgment (the claim for return of unjust enrichment). The defendants obtain profits equivalent to the amount stated in the "amount" stated in the separate sheet without any legal cause. The plaintiff suffered losses equivalent to the same amount, and the defendants are obligated to pay damages for delay from the day after the last delivery of the copy of the complaint of this case containing the intent to claim the return of unjust enrichment.

As to the claim against Defendant C, the following facts are as follows: (a) from the Plaintiff’s account to each of the above Defendant’s respective accounts; (b) the transfer of the same amount as indicated in the attached Table in the Plaintiff’s respective accounts; and (c) the amount as indicated in the attached Table in the attached Table in the money transferred from the Plaintiff’s account in the Plaintiff’s name remains at present.

(B) The Defendants received benefits equivalent to the money stated in the attached Table “the balance” without any legal ground and thereby suffered losses equivalent to the same amount from the Plaintiff, according to the above facts of recognition (excluding the money deposited from the victims of Bosing, other than the money deposited in the Defendants’ account prior to the instant Bosing crime).

As such, the above defendant shall be the money stated in the attached Table "the balance".

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