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(영문) 광주고등법원 2019.11.06 2019나22011
부당이득금 반환 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The scope of the trial at this court held that the Plaintiff filed a claim against the Defendant for the return of unjust enrichment in the primary manner jointly and severally with D, as well as the conjunctive claim for the return of unjust enrichment, and that the Defendant jointly and severally filed a claim for the return of unjust enrichment against the Co-Defendant C in the first instance trial, jointly and severally with D and severally

The first instance court dismissed the plaintiff's primary claim against the defendant and accepted the conjunctive claim, and dismissed all the primary and conjunctive claims against the co-defendant C of the first instance court.

Therefore, since only the defendant appealed, the scope of this court's trial is limited to the plaintiff's preliminary claim against the defendant.

2. The argument that the defendant cited the reasoning of the first instance judgment by this court is different from the argument in the first instance court. Thus, the fact-finding and judgment of the first instance court are justifiable even if the evidence submitted in the first instance court and the additional evidence added in this court are integrated.

Therefore, the reasoning of the judgment of this court is as follows, except for adding the arguments emphasized by the defendant in this court and the judgment thereof as seen in paragraph (3), and it is identical to the reasoning of the judgment of the court of first instance. Therefore, it is cited in accordance with the main sentence of Article 420 of the

▣ 제1심판결문 3쪽 13줄의 ‘H’을 ‘G’으로 고쳐 쓴다.

▣ 제1심판결문 3쪽 아래에서 4줄의 ‘갑 제1 내지 8호증(각 가지번호를 포함한다)의 각 기재’를 ‘갑 제1~8호증, 을 제3, 4호증(각 가지번호 있는 것은 가지번호 포함, 이하 같다)의 각 기재’로 고쳐 쓴다.

3. As to the Defendant’s assertion at this court

A. The defendant's argument (the same as the argument in the first instance court) was that the defendant provided text messages to the effect that he believed the words of "D that he will transfer a school foundation G to the fact, and divided into D and transfer fees, but did not exchange the text messages that he would obtain the plaintiff's money.

In addition, the defendant.

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