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(영문) 창원지방법원 2020.02.14 2019나53485
부당이득금
Text

1. The plaintiff's appeal is all 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 this court citing the judgment of the court of first instance is as follows: (a) the defendant at the last stage of the judgment of the court of first instance is "Defendant B"; and (b) the ground of the judgment of the court of first instance, other than the second stage of the judgment of the court of first instance, "the construction was completed" at the third stage 10, and "construction was completed" at the same time, and therefore,

(2) The Plaintiff asserted that the Defendants received the refund money of this case as a tax invoice issued by the Plaintiff without any actual transaction relationship between the Plaintiff and the Defendants. However, even if the evidence duly admitted and investigated by the first instance court was based on the witness F of the court, it is difficult to deem that the Defendants obtained profit equivalent to the refund money of this case without any legal ground and thereby caused damage to the Plaintiff. 2. As such, the first instance court’s judgment is justifiable, and thus, all of the Plaintiff’s appeal is dismissed.

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