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(영문) 서울고등법원 2016.04.29 2015나22993
부당이득금반환
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 reasoning of the judgment of the court of first instance concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition as follows. Thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

After the third party decision of the court of first instance, “A request was made” in Part 7 of the third party decision of the court of first instance, “B bears approximately KRW 5-600 million to the defendant around July 2013.”

The following shall be added to the fourth decision of the first instance.

[On the other hand, according to the evidence Nos. 3 and 1 evidence Nos. 3 and 1, the case in which Songsan Co., Ltd. was the plaintiff is also seen as having been paid money as a golf membership trade to the defendant through B (the reference material submitted by the defendant after the closing of arguments in the trial, the judgment of the relevant case was finalized as it is.

A) However, as seen earlier, in light of the facts before and after the transfer of the instant payment, the Defendant: (a) was aware of the fact that the instant payment was made by the Plaintiff to B, such as the Plaintiff’s transfer of the instant payment from the date of receiving the instant payment from the Plaintiff to the Defendant; and (b) as seen in the instant case, there was a removal different from the instant case.

2. In conclusion, the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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