부당이득금반환
1. The withdrawal of an appeal was completed on April 19, 2019 in the case of 2019Na524 (principal case).
2. An appeal filed by the Defendant (Counterclaim Plaintiff).
1. The Plaintiff filed an appeal on April 12, 2019, but withdrawn the appeal on April 19, 2019.
Inasmuch as the case of 2019Na524 (Mains) was taken together with the case of 2019Na531 (Counterclaim), it is confirmed that the principal lawsuit has been terminated by the withdrawal of appeal.
2. Determination on the cause of the counterclaim
A. On June 23, 2018, the Defendant asserted that the Defendant leased and strengthened C Apartment D, Seopo-si, Seopo-si, Seopo-si, and used KRW 176,00,00 in total of KRW 633,00 and KRW 809,00 in the outer wall net column, and spent necessary expenses for profits.
In August 23, 2018, business losses suffered by the low-water sliding floor due to the high-water dust, etc.
The plaintiff shall pay KRW 2,00,000 to the defendant.
B. The written evidence Nos. 1 through 5 alone is insufficient to admit the Defendant’s assertion, and there is no other evidence to acknowledge it.
Although the defendant asserts that the amount of damages is different in accordance with Article 202-2 of the Civil Procedure Act, it is not sufficient to prove the existence of damages itself, and it is difficult to apply the above provisions immediately without endeavor to prove damages.
3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.