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(영문) 수원지방법원 2020.05.06 2019나89760
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court is consistent with the reasoning of the judgment of the court of first instance, except for amendments as follows: (a) the amendment is made in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The amended part of the judgment of the first instance as follows: “Plaintiff B” and “Plaintiff A” as “Plaintiff A,” and the Plaintiffs as “Plaintiff B and the Joint Plaintiff A of the first instance trial.”

Defendant B’s “Defendant B” under 5 lines below the second sentence of the first instance judgment is respectively dismissed as Defendant C.

The 3rd 10 lines of the judgment of the court of first instance are “Plaintiffs” to “Co-Plaintiffs A of the court of first instance.”

The fourth sentence of the judgment of the court of first instance shall be followed by the following up to 5 pages:

The following circumstances, which can be known if the purport of the entire argument is added to the above evidence and evidence Nos. 6-2, namely, ① Defendant C, who arranged the sales contract of this case, did not have any contact with the Plaintiff at the time of entering into the contract at the investigative agency, and stated to the effect that Defendant C was traded only with the joint Plaintiff A at the first instance trial, ② A, a licensed real estate agent, who arranged the sales contract of this case, as a witness at the lower court, shall be present as a witness at the lower court and stated to the effect that “A was not identical with the Plaintiff at the time of entering into the contract.” (No. 28 pages, ③ Joint Plaintiff A at the first instance trial, received money as compensation for damages to the Defendants, and thus, shall not be held liable for future civil and criminal

“The Defendants prepared a letter of claim, and the Defendants paid the amount of damages. If the Plaintiff was a joint purchaser of the instant sales contract, the Defendants would pay damages on the condition that the Defendants would only receive the amount of damages from the joint Plaintiff A of the first instance trial.

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