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(영문) 서울고등법원 2015.07.02 2015나2001930
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 court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except where the following judgment is added to the pertinent part of the Plaintiff’s assertion, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiff asserted that on April 29, 2009, the plaintiff received a full order from the Seoul High Court 2008Na54886, 50,000 to 44,601,369 won in the case of return of unjust enrichment, the plaintiff asserted that the defendant's claim against C of this case was appropriated for the above amount, and that the above amount was 156,303,183 won (the total amount of claim is 50,375,000 won) to 158,804,478 won (the total amount of claim is 44,601,369 won) as of April 29, 209, the defendant received 156,303,183 won (the total amount of claim is 50,375,000 won) to the plaintiff, and the defendant received 100,000 won and returned the remaining amount of the claim to C of this case to 1000,2000,7000.

B. According to the evidence Nos. 8-1 and 2-2 of the judgment of the court below, the Defendant’s claim amounting to KRW 50,375,00 in the case of claim attachment and assignment order against the Plaintiff and C based on the Promissory Notes Claim No. 2007Kadan214564, and KRW 50,375,00 in Seoul Central District Court Decision No. 2009, Apr. 29, 2009; and KRW 30,000,000 in the case of return of unjust enrichment against C, Seoul High Court Decision No. 2008Na5486, Apr. 29, 2009; and damages for delay from July 29, 2009 to April 23, 2009.

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