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(영문) 서울고등법원 2020.01.16 2019나2022928
부당이득금반환
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 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 where the judgment is added by paragraph (2) to the assertion that the plaintiff is either written or new

(The main sentence of Article 420 of the Civil Procedure Act). The 3rd two parallel of the first instance judgment "F" shall be added to "H".

The three 14th instance judgment of the first instance court shall be applied to the Seoul Northern District Court.

Article 10 shall be applied to "Article 10" in the third and fourth parallel of the judgment of the first instance.

The fourth 14th son of the judgment of the first instance was extinguished as follows.

In the meantime, the Plaintiff asserted that there is a difference in the previous claim since the Plaintiff exercised the right to indemnity upon the repayment of the above provisional deposit, unlike the provisional deposit claims under the Seoul Northern District Court Decision 2016Gahap24509, the Plaintiff’s claim for indemnity in the instant claim was extinguished. Meanwhile, unlike the provisional deposit claims under the Seoul Northern District Court Decision 2016Gahap24509, the Plaintiff asserted that there was a difference in the previous claim. However, even if the above claim for indemnity was extinguished for the same reason, it is reasonable to deem that the above claim for indemnity was extinguished for the same reason). The Plaintiff asserted that “A” submitted a written application for a penalty to the court against the criminal case against which the Plaintiff’s representative director G was prosecuted as the Defendant (Seoul Northern District Court Decision 2016No2054 at the time of the instant agreement, the Defendant raised an additional criminal complaint against the Plaintiff’s representative director after the instant agreement, and submitted the Defendant’s written objection against the Defendant’s non-performance of the obligation to file a civil lawsuit against G.”

However, the subject of the instant agreement is the Plaintiff and the Defendant and G individual who is the representative director of the Plaintiff.

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