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(영문) 서울고등법원 2018.05.04 2017나2057012 (2)

부당이득금

Text

1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and it shall be subject to the revocation part.

Reasons

1. Determination on the main claim

A. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the determination of the assertion that is dismissed or the parties stressed or added in this court, and thus, it is identical to the ground for the claim of the main lawsuit of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of

After the fourth last day of the judgment of the court of first instance, the "written evidence Nos. 7 and 8" is later called the result of the entrustment of appraisal to the name accounting corporation (person in charge) and the result of the entrustment of appraisal.

The defendant asserts that the appraisal commission is not reasonable or fair in light of the fact that the appraisal commission is calculated by comparing the balance of the financing cost, the calculation of the financing cost ratio without reflecting the bad debt depreciation, and the introduction of a family that does not fit the facts.

In light of the above legal principles, the appraiser's appraisal results shall be respected as long as there is no obvious error, such as the appraisal method or unreasonable or contrary to the rule of experience, and even if there is an error in part of the appraisal result of the appraiser's appraisal result, the court shall not reject the whole appraisal result, but shall reject only the corresponding part, and may adopt and use as evidence the remainder as evidence, unless the appraisal result is contradictory or very unclear as a whole. In light of Supreme Court Decisions 2009Da84608, 84608, 84615, 84622, 84639, Jan. 12, 2012, in light of the above legal principles, the appraisal entrustment results: (i) in fact, it is impossible to calculate unfair interest by financing source; and (ii) in that the appraiser's appraisal method adopted by the appraiser is assumed to pay the balance of the general trust account to the individual trust account of each point to the balance of general loans, while not exceeding the balance of general loans.