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(영문) 서울동부지방법원 2019.10.16 2019나20674
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the following '2.', and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The second part of the judgment of the court of first instance that was accepted is that “50 million won was deposited” in the second 18th part of the judgment of the court of first instance as “the KRW 500 million was deposited.”

The third 6th 6th son of the judgment of the court of first instance “(In addition, from April 16, 2008 until the same day “the completion of 8th son”)” shall be deemed to be “(it shall be deemed that the Plaintiff borrowed KRW 500 million from the Defendant, even if the Plaintiff borrowed KRW 500 million from the Defendant, the amount that the Plaintiff paid to the Defendant was paid to the Defendant on May 8, 2008 as the check did not prove that the Defendant was paid to the Defendant. As seen earlier, the sum that the Plaintiff paid to the Defendant shall be KRW 360 million in total. However, even if the Plaintiff appropriated the said money as the principal of the borrowed money at KRW 50 million, the interest rate of KRW 30 million per annum, which is the highest interest rate stipulated in Article 2(1) of the Interest Limitation Act and the Interest Limitation Act, which is the highest interest rate of KRW 500 million,000,000,000.”

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

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