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(영문) 서울남부지방법원 2020.11.12 2019나58665
부당이득금반환
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasoning for this part of this Court’s reasoning is that the reasoning for this decision of the court of first instance is the same as that for the corresponding part of the reasoning of the judgment, and thus, this part is cited in accordance with the main sentence of Article

2. The assertion and judgment

A. In the course of the litigation of the Seoul Central District Court 2006Gahap2246 case and the Seoul High Court 2007Na71358 case (hereinafter collectively referred to as the “instant lawsuit”), the appellate court deposited KRW 11,00,000 as stated in the attached table of deposit, but the Plaintiff paid KRW 23,694,300 in total as the contingent fee in the instant lawsuit, the second instance trial, the second instance trial, and the stamp and delivery fee, and remitted only KRW 87,305,70 to the Plaintiff.

However, it is unfair for the Plaintiff to deduct KRW 3,850,00 for the second instance trial as the retainer fee, and the stamp and delivery fee for the second instance trial (hereinafter “won 1”) from KRW 2,067,30 for the stamp and delivery fee for the second instance trial. The F attorney’s account was deposited in cash on January 9, 2007 (hereinafter “three-dimensional fee”) and KRW 14,915,900, which was transferred from the K Association account under the name of the J on March 3, 2009 to the K Association account under the name of the Plaintiff and KRW 14,915,900 (hereinafter “No. 4”) were disposed of by the Defendant at his own discretion or was returned to the Defendant himself.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 23,765,90 (total sum of KRW 1,3,40) or KRW 25,83,200 (total sum of KRW 1,2,3,40) with compensation for damages caused by unjust enrichment or tort.

B. On the other hand, even though the Plaintiff had already paid the advance payment of the second instance trial, revenue stamps and delivery fees of the second instance trial, F attorney-at-law deducteds the amount equivalent to KRW 1,200 from KRW 111,00,000 deposited in the course of the instant lawsuit, and there is no other evidence to prove otherwise, from the account in the name of F attorney-at-law deducted from KRW 1,20,00 and KRW 1,200.

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