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(영문) 서울고등법원 2018.11.21 2018나2013293
대여금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The first preliminary addition of the Plaintiff in this Court.

Reasons

1. The reasons why the court should explain this case are the same as the reasons for the judgment of the court of first instance except for the following changes (Provided, That the part concerning the claim of the principal lawsuit against Codefendant C Co., Ltd. of the court of first instance is excluded) pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Matters modified;

(a) change “Defendant B” to “Defendant B” respectively, on the second page of the judgment of the first instance;

(b) Change the “1. Judgment on the Claim for the Principal Actions” in Part 2 of the judgment of the first instance to “1. Judgment on the Claim for the Principal Actions and Judgment on the Claim for the Preliminary Principal Actions”.

C. On the third and third sides of the judgment of the court of first instance, if a loan contract for consumption was not concluded between the plaintiff and the defendant for the above 334,973,217 won, the defendant acquired the above money without any legal ground. Thus, the defendant is obligated to return the above money and the damages for delay to the plaintiff in unjust enrichment.

On the fourth decision of the first instance court, following the 12th decision, "(C) the burden of proving the existence or absence of a claim for return of unjust enrichment against the defendant, and the burden of proving the requirements for return of unjust enrichment in the claim for return of unjust enrichment is deemed to be the person who seeks return of unjust enrichment. The facts acknowledged earlier and the evidence submitted by the plaintiff alone are insufficient to recognize that the defendant acquired the above provisional payment without any legal ground, and there is no other evidence to acknowledge this otherwise. Accordingly, this part of the plaintiff's assertion

(e) Determination on the Claim for Preliminary Claim in Part 5 of the first instance judgment "2. Judgment on the Claim for Preliminary Claim in Part 5" shall be changed "2.2. Judgment on the Claim for Preliminary Claim in Part 5," and the “Preliminary Claim in Part 16” shall be changed "Preliminaryly" in Part 2. (f) Decision in Part 6. Decision in Part 4 of the first instance trial "Determination on the Claim for Preliminary Claim in Part 6." shall be changed "3. Defendant's primary counterclaim."

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