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(영문) 대구고등법원 2020.02.06 2019나23405
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the reasoning of the judgment of the court of first instance citing the instant case is identical to the ground of the judgment of the court of first instance, except for adding or adding a part of the following. Thus, this is acceptable in accordance with

2. A part added or added shall be subject to the 25 billion won "2.5 billion won" in the 13th letter of the judgment of the first instance.

The letter of the judgment of the court of first instance 7 jums and Ha in 14 jums and 17 jums and 10 jums and Ha shall be written respectively as a witness M and H of the court of first instance.

The following shall be added to “the facts agreed upon” of the 8th 20th 20th son of the first instance judgment:

The Plaintiff asserts that “A letter of confirmation (No. 12 No. 2) of April 4, 2016 is a document that the Defendant voluntarily prepared and signed and sealed, and the Plaintiff’s representative director, etc. did not sign or seal the said letter or consent to the contents of the statement, and thus, it cannot be deemed that there was an agreement with the contents of the statement.”

However, various circumstances revealed by the purport of Gap evidence Nos. 22 and 24 and the entire arguments, namely, ① The plaintiff must pay KRW 300 million to the defendant within 30 days from the date of receiving the alteration of design use. However, according to the certificate of April 4, 2016, the plaintiff asserted that the above KRW 300 million should be paid to the defendant within 30 million from the date of receiving the alteration of design use. However, according to the above certificate of April 4, 2016, interest for the secured debt of the right to collateral security established on the land and the building until the trust account price of KRW 10 billion is executed after the alteration of design use was approved (the defendant is the defendant's interest for KRW 7.5 billion from each preparatory document dated 27, 2018 and September 12, 2018, the monthly interest for KRW 57 billion is paid to the defendant in installments and KRW 6.5 billion, which is favorable to the plaintiff in the course of negotiations No. 13.

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