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(영문) 춘천지방법원강릉지원 2020.02.11 2018나31764
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff)’s appeal on the instant principal lawsuit and counterclaim is dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The scope of the trial at the court of first instance filed a claim against the defendant and C for damages arising from joint tort, and as a preliminary claim, the defendant claimed a return of unjust enrichment against the defendant. The defendant sought a repayment of the unpaid balance of the principal and interest loaned as a counterclaim and the unpaid amount of the principal and interest. The court of first instance dismissed both the principal and the counterclaim, and partly accepted the main and conjunctive claim.

Accordingly, since only the defendant appealed against the part against the defendant among the judgment of the court of first instance, the subject of the judgment of this court is limited to the conjunctive claim against the defendant among the principal claim and the counterclaim claim.

2. The reasoning of the judgment of the court of first instance cited by the defendant as to the assertion added by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to the determination of additional claims by the defendant in paragraph (3) below, and thus, it shall be cited including [Attachment] and summary words in accordance with the main sentence of Article

(except for the claims in the principal claim excluded from the scope of the adjudication of this Court);

A. Of the attached Form 3 (Attachment 3), the summary of the Defendant’s assertion that the Defendant was paid from the Plaintiff as a loan repayment, among the items in the attached Form 3 (Attachment 3), which was recognized by the first instance court to have been paid by the Defendant as a loan repayment, (i) among the items in the attached Form 1 (Attachment 3), “the details of collection of repayment 'the details of repayment 'the details of repayment 'the details of repayment 'the details of repayment 'the details of repayment 'the details of repayment 'the details of repayment 'the details of repayment 'the list 'the details of repayment 'the details of repayment '', 7050,000 won, 720,000 won, 178, 178, and 176,000 won on August 14, 2014, it does not constitute the details of repayment

In other words, the defendant, while paying the fraternity to the plaintiff on each day above, transferred part of the fraternity to the account, and paid the remainder in cash.

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