사용료
1.The judgment of the first instance, including a claim expanded and reduced in this Court, shall be modified as follows:
The defendant.
1. The reasoning for this part of the reasoning is as stated in paragraphs 1 and 2 of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of action
A. According to the facts found as above, from August 2008, the Defendant occupied and used each of the instant dump trucks owned by the Plaintiff from around August 2008 to the completion date of delivery of each of the instant dump trucks without any legal cause, thereby gaining profits equivalent to the benefits of use, and the Plaintiff suffered losses equivalent to the same amount.
B. We examine the scope of the obligation to return unjust enrichment and the amount of unjust enrichment that the Defendant should return.
The monthly rent of 10,725,00 won or more from September 1, 2008 to December 31, 2008 to 2,674,00 won or more from January 1, 200 to December 27, 2009 to 30,303,00 won or more from January 1, 201 to December 31, 200 to December 27, 303, 200 won or more from 0.36,00 won or more from December 31, 201 to December 23, 2010 to 10.4, 06, or 0,00 won or more from 0.6,00 won or more from 0.3,06,00 won or more from December 23, 201 to 10, 201 to 34,00 won or more from January 1, 2011.
Therefore, the Defendant, barring special circumstances, filed a claim with the Plaintiff within the scope of the amount calculated by deducting the Defendant’s subrogation payment made by the Plaintiff from the amount of KRW 275,448,00,00 (i.e., KRW 137,724,00 x 2) of each of the instant dump truck rent from September 1, 2008 to January 20, 2016, as the Plaintiff seeks, from the amount computed by deducting the Defendant’s subrogation payment made by the Plaintiff.