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(영문) 대법원 2015.12.23 2015다217928
부당이득금반환
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed after the deadline).

The Defendant’s grounds of appeal are all issues relating to the selection of evidence and fact-finding, which are the exclusive authority of the lower court, and cannot be deemed legitimate grounds of appeal. Furthermore, even if examining the records, it cannot be deemed that the money of each item claimed by the Defendant for the Plaintiff was actually disbursed by the Defendant.

The lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations, in its judgment that did not constitute expenditure for the Plaintiff.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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