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(영문) 대구고등법원 2019.02.21 2018나24555
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is used as the following "paragraph 2". Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The third 14-15 portion of the judgment of the court of first instance (hereinafter “the judgment of the court of first instance”) of the first 14-15 portion is as follows.

【In addition, the Plaintiff’s coerciond the Plaintiff. Furthermore, the difference between the amount to be paid for the settlement of accounts on the instant land by the Defendant and the amount to be paid for the actual amount to be KRW 220,000,000, which is objectively unfair, and as long as the Defendant committed a brut act by taking advantage of the Plaintiff’s rash and mental distressed condition, the agreement of this case is in violation of Article 104 of

B. The fourth 18-20 portion of the judgment of the court of first instance (hereinafter “the evidence submitted by the Plaintiff alone”) was written by following parts: “It is difficult to find that the Plaintiff was in an imminent state at the time of the instant agreement, or that there was a bad faith to use the Plaintiff’s old state, and there is no other evidence to acknowledge it otherwise.”

【All the evidence submitted by the Plaintiff, including the video of evidence No. 17, to this court, and the circumstances of its assertion are insufficient to acknowledge that the Plaintiff was in imminent condition at the time of the instant agreement, or that there was a bad faith in the Defendant’s act of using the Plaintiff’s poor condition, and there is no other specific assertion as to the grounds for deeming the instant agreement as null and void by law due to the violation of Article 104 of the Civil Act.】

C. Part 7 of the fifth decision of the court of first instance, “The entry of evidence No. 7-2 and the remaining evidence submitted by the plaintiff” is as follows.

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