손해배상
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasons why the court accepted the judgment of the court of first instance concerning this case are cited by the main text of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following two with regard to the
2. Additional matters to be determined;
A. In the above lawsuit claiming management expenses that the plaintiff claimed against the plaintiff for the payment of management expenses that include the expenses of the defendant's council against the plaintiff before, the plaintiff's assertion that the plaintiff actively respondeds to the defendant's assertion and eventually, the council expenses cannot be included in the management expenses was accepted, and the final judgment in favor of the plaintiff was rendered, and it is a premise that whether the council expenses are included in the management expenses or not is included in the management expenses, and thus, the extinctive prescription of the right to claim damages of this case was suspended due to the plaintiff'
B. On the other hand, a judicial claim under Article 168 subparagraph 1 of the Civil Act and Article 170 (1) of the Civil Act refers to cases where a right holder claims as the defendant the right-holder who claims the prescription in the form of a lawsuit, which is the subject matter of a lawsuit. However, on the other hand, the defendant's response to the plaintiff's filing of a lawsuit and actively claims the right in the lawsuit and accepted it shall be included in the case. However, even in the plaintiff's assertion itself, the response act is merely a assertion that the defendant's council expenses cannot be included in the management expenses by denying the defendant's assertion, and thus, it cannot be deemed that the plaintiff actively asserted the right to claim the damages of this case in the above lawsuit, and there is no evidence that the existence of the right to claim damages of this case between the parties in the above case is subject to dispute.