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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff is an organization in charge of the management of the building A (hereinafter “instant building”), and the Defendant operates a fitness in the said building and was in the Plaintiff’s president from March 2014 to March 2016.

B. The Defendant uses the C and D of the instant building as a shower room for the male use of the above head of the health room, and E as a shower room for female use.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was from March 2014, when the Defendant assumed office as the Plaintiff’s president, to around ten (10) years to ten (10) months, the Defendant directly examined the Plaintiff’s water measuring instruments under C, D, and E used by the Defendant, and notified the Defendant of the numerical value to the management office, and the Defendant omitted and notified the volume of D’s water consumption during that period.

Around March 2014, the Plaintiff’s amount of accumulated water supply of D, which was finally confirmed by the Plaintiff, was 15,433 tons. Since the amount of accumulated water supply of D, which was subsequently verified around November 2015, was 16,927 tons, and thus, the Plaintiff did not levy a charge because of the omission of the amount of used water supply of 1,494 tons.

Therefore, the Defendant should return 3,651,336 won, which is the water rate corresponding to 1,494 tons of the water use omitted to the Plaintiff, as unjust enrichment.

B. According to the reasoning of the evidence No. 4-1 to No. 4-4, the fact that the volume of water used in D’s water used from January 2014 to October 2015 is zero is recognized.

However, the following circumstances acknowledged by the above evidence and evidence Nos. 5, namely, ① The volume of water used in Category C during the period in which the volume of water used in Category C reaches approximately 120-200 tons. From November 2015, when the Plaintiff started to check the volume of water used in Category C and D, the sum of the volume of water used in Category C and D after November 201, when the Plaintiff reached approximately 120-200 tons, and eventually, the sum of the volume of water used in Category C and D, and the monthly volume of water used in the whole of Category C, D, and E, are still certain.