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Reasons
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(영문) 대구고등법원 2017.09.01 2016나23725
부당이득금
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1. The part of the principal lawsuit in the judgment of the court of first instance against the plaintiff (Counterclaim defendant) who falls under the following part for the claimant.

Reasons

1. The first instance court dismissed both the Plaintiff’s claim for principal lawsuit and the Defendant’s counterclaim. Accordingly, the Plaintiff appealed against the part on the principal lawsuit of the first instance judgment, and the Defendant did not appeal.

Therefore, since the counterclaim part of the judgment of the court of first instance falls under the scope of the judgment of this court, the scope of the judgment of this court is limited to the main lawsuit of the judgment of the court

2. Basic facts

A. The Plaintiff had a relationship with the Defendant from May 201 to May 2015.

B. From August 9, 2011 to July 25, 2014, the Plaintiff wired a total of KRW 235,270,000 over 37 occasions, as indicated below the table (hereinafter “the details of the Plaintiff’s remittance”) in the account in the name of the Defendant or the person designated by the Defendant.

(단위: 원) 순번 송금일 송금액 순번 송금일 송금액 1 20110809 3,000,000 20 20120522 5,000,000 2 20111011 500,000 21 20120522 10,000,000 3 20111114 5,970,000 22 20120522 10,000,000 4 20111120 9,800,000 23 20130611 100,000 5 20111121 8,000,000 24 20120615 10,000,000 6 20111123 9,200,000 25 20120630 200,000 7 20111123 10,000,000 26 20120716 4,200,000 8 20111123 10,000,000 27 20120723 10,000,000 9 20111123 10,000,000 28 20120816 3,000,000 10 20111125 5,000,000 29 20120907 5,000,000 11 20111202 10,000,000 30 20120921 30,000,000 12 20111208 3,000,000 31 20121209 3,800,000 13 20111215 9,800,000 32 20130409 2,000,000 14 20120116 3,000,000 33 20130725 300,000 15 20120130 2,000,000 34 20130902 3,000,000 16 20120221 1,000,000 35 20130911 8,000,000 17 20120222 6,200,000 36 20130911 10,000,000 18 20120402 4,800,000 37 20140725 5,000,000 19 20120522 4,400,000 235,270,000

C. From March 16, 2011 to February 22, 2015, the Defendant paid a total of KRW 153,529,027 as indicated in the attached Table 1 (hereinafter “the details of the Defendant’s payment”) to the Plaintiff, as indicated in the Defendant’s payment statement, and used by the Plaintiff as indicated in the attached Table 2 from December 21, 201 to March 24, 2015 (hereinafter “the details of the Defendant’s subrogation”).

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