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(영문) 대구고등법원 2018.08.23 2017나20358
부당이득금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for this part of the underlying facts are as follows: ① the part on October 22, 2010 in the part on which “the fifth 5th 5th 15th 15th 2010 of the judgment of the court of first instance” is written; ② the part on “the same day for the plaintiff” in the fifth 19th 5th 2010 of the judgment of the court of first instance is written as “the plaintiff was written on November 5, 2010”; and thus, it is identical to the part on the reason of the judgment of the court of first instance as stated in paragraph (1) of the same Article of the Civil Procedure Act.

2. Judgment on the plaintiff's claim for unjust enrichment

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a contract with Defendant C, D, E, F, and G on the acquisition of each of the instant shares through the Defendant C, D, E, F, and G, and each of the said contracts was concluded by deception by the Defendants’ public invitation, etc. as alleged below by the Plaintiff.

Therefore, since the plaintiff revoked all of the above contracts through the delivery of a duplicate of the complaint of this case, the defendants are obligated to pay to the plaintiff unjust enrichment equivalent to the amount stated in the above claim of this case.

B. The reasons for this part of the judgment are as follows: ① the part of the “in the over-the-counter trading report” of the first instance court No. 8-4 shall be read as “in the over-the-counter trading place”; ② the part of the “the date of October 22, 2010” of the first instance court’s “the date of November 5, 2010,” respectively, shall be read as “the date of November 5, 2010,” and ③ the part of the “any claim based on illegal or unjust enrichment” of the first instance court’s 18-9 “the date of any claim based on unjust enrichment” shall be read as “any claim based on unjust enrichment” in addition to the part of “the date of any claim based on unjust enrichment” as stated in the first instance’s 7th and 20-18th and 10th and same, this shall be cited by the main sentence of Article 420

3. Judgment on the plaintiff's claim for damages

A. The gist of the Plaintiff’s assertion 1) The Defendants’ assertion of tort due to the Defendants’ conspiracy by the Defendants’ deception in collusion with each other, T, U, and V (hereinafter “V”).

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