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(영문) 광주지방법원 2016.09.02 2015나7639
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the addition or replacement as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Abolition] Part 2] Part 17 and 18 of the judgment of the court of first instance are deleted. "(The plaintiff paid KRW 59,736,000 to the plaintiff, but it is obvious that it is an error in calculation)."

[Supplementary Parts] The second part of the judgment of the court of first instance was paid, and subsequent notes are added as follows:

The Defendant asserts to the effect that the Plaintiff paid KRW 55,936,00 in cash, in addition to the repayment of KRW 9,770,00 by account transfer. However, the Defendant’s assertion that “the Plaintiff paid KRW 59,736,00 in cash, separate from payment by account transfer,” on the second date of pleading in the court of first instance, shall be invoked by the Plaintiff’s assertion that “the Plaintiff paid KRW 59,736,00 in cash, separate from payment by account transfer” during the above period from July 14, 2009 to May 31, 2013, at least 59,736,00 won, which was submitted to the court of first instance, and the Plaintiff’s written reply on April 4, 2014 and August 8, 2014, the Defendant’s allegation that the confession was made by account transfer and KRW 50,750,000,70,000 as the above Defendant’s statement of claim and cause for change (Reduction) is unreasonable.

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