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(영문) 서울중앙지방법원 2018.01.12 2017나53134
부당이득금
Text

1. The part concerning the counterclaim in the judgment of the court of first instance shall be modified as follows.

Of the counter-claim of the Defendant-Counterclaim Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except that part of the judgment of the court of first instance is used as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part IV 2 of the judgment of the court of first instance (hereinafter referred to as "after the date of the closing of the argument in this case") shall be referred to as "after the date of the closing of the argument in this case".

The Court of First Instance 10, 21, 5, 12, 6, 21, 7, 10-11, 9, and 9 (2), all of the "this Court" shall be applied to "the first instance court".

The judgment of this case in 17 to 18 of the judgment of the first instance court shall be subject to "the judgment of the first instance court".

The "32,844,792 won" in the 9th sentence of the first instance court shall be 33,607,360 won.

The 10th order of the first instance judgment shall be replaced by the following table:

Each "this case" in Chapter 11, 9, and 12, 11, 9, 11, and 11, of the judgment of the first instance (the number of vehicles shall be excluding the mark; hereinafter the same shall apply) shall be put into "the trial".

The 11th written judgment of the first instance court shall be followed by the following 13th written judgments:

"After the date of the closing of argument in this case only with the descriptions of No. 1, No. 7-1, and No. 2" of the first instance judgment No. 11, No. 15-16 of the first instance court's judgment, "No. 1, No. 7-9 shall be accepted since the defendant's primary and conjunctive claims concerning the expenses for the follow-up treatment are on different premise" of the first instance judgment No. 12, No. 12, No. 1, and No. 3 of the first instance court's judgment, "No. 12, No. 13, and No. 14 of the first instance court's judgment are without merit." Accordingly, the defendant's argument about this part of the counter-claim shall be added to the following contents: "after the date of the closing of argument in this case, ex officio judgment on the legitimacy of the counter-claim, and the defendant's claim for the performance of the performance of the counter-claim as the main claim against the future.

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