부당이득금
1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Scope of the judgment of this court;
A. From May 2010 to March 2012, the Plaintiff filed a claim against the Defendant for payment of KRW 13,796,22, the aggregate of the rent for the unpaid month from May 2010 to March 2012, and KRW 57,529,320, the aggregate of the rent for the unpaid month from April 2012 to August 2013, and KRW 64,872,298, and KRW 600,000,00 each month from September 2013 to May 2015, the Plaintiff filed a claim against the Defendant for payment of damages from the first instance court. The court of first instance partially accepted the said claim, ①, ②, ④, and ④, the portion of the claim, ④, and ④, respectively.
Accordingly, the plaintiff appealed against the above ①, ⑤ while reducing the purport of the claim as to the claim, and the defendant appealed against the above third part of the claim, and thus, the subject of the judgment by this court on the claim is limited to the above ①, ⑤ the claim, and ③ the claim.
B. The Defendant requested the Plaintiff to pay KRW 34,342,525 and KRW 14,506,390 of the provisional payment at the first instance court. The court of first instance accepted the portion of the claim of KRW 14,506,390 of the provisional payment and dismissed the part of the claim of KRW 34,342,525 of the security deposit return amount.
In this regard, the defendant only appealed against the claim of KRW 34,342,525 as to the claim of KRW 34,342,525, which is subject to the judgment of this court on the counterclaim claim is limited to the claim of KRW 34,342,525.
2. The court's explanation on this part of the facts of recognition is the same as the statement on "1. Facts of recognition" among the reasons for the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure
3. Judgment on the main claim
A. The reasoning for the court's explanation on this part of the decision on the main defense of this case is '3. The defendant's main defense against the plaintiff's main defense of this case is 'the judgment on the main defense of this case'.