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(영문) 서울고등법원 2016.04.21 2015나2050
부당이득금반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain in this judgment are as follows: (a) the part of the reasoning of the judgment of the court of first instance is used as follows; and (b) the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment of the defendant as stated in Paragraph (3) below; and (c) thus, it is accepted in accordance with the main sentence

2. Parts to be dried;

A. Part 4 of the fifth instance judgment of the first instance court stating, “The Defendant’s failure to receive payment from the Plaintiff until now exceeds KRW 73,184,256,00,000” (hereinafter referred to as “the Defendant’s failure to receive payment from the Plaintiff exceeds KRW 73,184,256).

B. Section 2 of Section 9 of the first instance court's decision "A according to the statements in Section 24 of the second instance court's ruling," "A evidence No. 24, No. 42-1 and No. 42-2 shall be followed."

C. The 10th 15-17th 10th 10th 10th 17th 10th 10th 17th 10th 2th 2th 2th 2th 100,000 won for repair of plastic machines (No. 26th 14,850,000) and the amount equivalent to 14,850,000 won for

【The amount equivalent to KRW 5 million (No. 26) and the amount equivalent to KRW 14,850,00 (No. 29) for repair costs of plastic machines and for factory restoration works falls under the amount that the Plaintiff is liable to pay to the Defendant (the Plaintiff asserts to the effect that, without relation to the damages caused by the Plaintiff’s negligence, each of the above amounts cannot be recognized as being excessive by the Defendant because the repair costs and factory restoration works incurred by the Plaintiff’s employees constitute excessive payments without relation to the damages caused by the said fire. However, it is insufficient to recognize that all the evidence submitted by the Plaintiff up to the trial by the fact-finding and the fact-finding results on the international damage assessment of the Defendant Company at the trial and the international damage assessment results, including all the above evidence submitted by the Plaintiff up to the trial, and the above expenses for repair costs of plastic machines and factory restoration, which were acknowledged as excessive by the Defendant without relation to the above fire.

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