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(영문) 수원고등법원 2021.01.14 2020나16286
부당이득금
Text

1. Of the part of the judgment of the court of first instance’s claim for monetary payment against the defendant, the following amount of money ordered to be paid.

Reasons

1. At the first instance trial, the Plaintiffs filed a claim against Defendant D Co., Ltd., Co., Ltd. (hereinafter “Co-defendants of the first instance trial without re-existence of membership status”) for confirmation of non-existence of membership status, and filed a claim for monetary payment with Defendant and Preliminary Defendant D, respectively.

The first instance court dismissed the lawsuit on the part of the claim for confirmation of non-existence of membership, and dismissed all the remaining claims.

As to this, Plaintiff A appealed only on the part of the claim for confirmation of non-existence of membership against the Defendant, and Plaintiff B appealed on the whole part against the Defendant ( Accordingly, the part of the conjunctive Defendant D’s claim for monetary payment was transferred to this court, but the Plaintiffs completely withdrawn the lawsuit against the Defendant in this court). Accordingly, the subject of this court’s judgment is limited to the part of the claim for confirmation of non-existence of membership against the Defendant and the part of the claim for monetary payment against Plaintiff B.

2. The reasoning for this part of the underlying facts is as follows, and the reasoning for this decision is as stated in the part 1 of the judgment of the first instance, except for the completion, addition, or deletion of a part of the facts as follows. Therefore, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant D Co., Ltd. or Defendant D Co., Ltd., or Defendant D Co., Ltd., Ltd., collectively “B” in the reasoning of the judgment of the first instance.

The third-party 6 and 7 conduct in the judgment of the court of first instance (hereinafter “each payment of this case”) are “(40,180,000 won for cooperative members and 9,000 won for cooperative services as proxy.”

The above 4,9180,000 won paid by Plaintiff B below shall be added to “the amount of the instant payment” (hereinafter “the instant payment”).

The 3rd side of the judgment of the first instance shall be deleted under the name of "members of the 7th side of the judgment".

“The area of the land 22,09.90 square meters, total floor area of 69,620.191 square meters” in the 9th place of the judgment of the first instance on the 5th page is “22,360 square meters.”

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