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(영문) 서울고등법원 2018.05.11 2017나2049981
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following amount ordered to be paid is revoked.

Reasons

1. The reasons for this part of the underlying facts are as follows: (a) the reasoning for the lower court’s finding that “ May 31, 2013” of the 3rd of the judgment of the first instance is “ September 12, 2013” is the same as the corresponding part of the reasoning of the judgment of the first instance (Articles 3 and 2 to 6, and 18, respectively), and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasons for this part of the plaintiffs' assertion are as follows, except where the court's argument is stated in the corresponding part of the reasoning of the judgment of the first instance (from No. 6 to No. 20 to No. 78) except where "the main text of the judgment of the first instance is "the claim" as "each claim". Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination on the cause of the claim

A. The reasoning for this part of the facts of recognition is that the court’s reasoning is the same as the corresponding part of the reasoning of the first instance judgment (from No. 7, No. 11 to No. 8) except that the “Article 25” of the 7th judgment of the first instance is deemed to be “Article 35,” and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. 1) Determination as to the primary claim is based on the reasoning of the judgment of the court of first instance as to the existence of a claim for return of unjust enrichment. The grounds for this part are the same as that of the corresponding part of the judgment of the court of first instance (Article 420 of the Civil Procedure Act). Thus, this part of the claim for return of unjust enrichment is accepted by the court pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2) The grounds for this part of the claim are as stated in the corresponding part of the judgment of the court of first instance (Articles 10 and 20), except for dismissal or addition of part of the judgment of the court of first instance as follows. Thus, this part of the judgment of the court of first

Part 10 of the 14th page "this case" is brought to "the first instance".

Part 10 "or January 1, 2014," in Part 17, add "or January 1, 2014" to the following:

(c)the primary cause for the determination of the conjunctive claim and the ancillary claim.

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