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(영문) 대구고등법원 2015.08.26 2014나23028
부당이득반환등
Text

1. The plaintiff's appeal against the defendant is all dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the part of the judgment of the court of first instance, except for modification as follows (Provided, That the part concerning co-defendant C of the court of first instance which does not fall under the scope of the trial of the party) and the main sentence of Article 420 of the Civil Procedure Act are cited as it is.

2. Parts to be corrected;

A. Of the fourth page 16, 17 of the judgment of the court of first instance, “However, Defendant B is obligated to return to the Plaintiff KRW 80 million out of the instant donation,” and revised to the effect that “However, the fact that the Defendant decided to return to the Plaintiff KRW 80 million of the instant donation on April 201, the Plaintiff did not have any dispute between the parties.”

B. Of the 5th page 10 and 11 of the judgment of the first instance court, “Defendant B is the person who would return to the Plaintiff KRW 50 million that was withdrawn from the Plaintiff’s passbook,” the correction to the effect that “However, the fact that the Defendant intended to return to the Plaintiff KRW 50 million out of the above withdrawn amount does not conflict between the parties.”

3. Thus, the plaintiff's claim against the defendant is justified within the scope of the above recognition and each of the remaining claims is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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