beta
(영문) 수원지방법원 2020.10.15 2019나73215

부당이득금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is that the defendant's defense added in the trial of the court of first instance is stated in the reasoning of the judgment of the court of first instance, except for addition of the following determination as to the defendant's defense added in the trial of the court of first instance. Thus, it is citing it as it is in accordance

2. The defendant's defense added in the trial of the case is insufficient to recognize that the defendant received a fixed interest of KRW 3 million per month at the time of the conclusion of the agreement in this case and agreed to the agreement without contesting the detailed contents under the premise that the amount to be paid by the defendant after the final settlement is KRW 64,268,090, and so long as the interest amount is not acknowledged as it is, the detailed contents of the agreement in this case cannot be acknowledged as is. Since the amount of interest in this case is excessively appropriated in the detailed contents of the agreement in excess of KRW 20,471,550, which the plaintiff supplied to the defendant among the detailed contents of the agreement in this case, the claim for return of unjust enrichment equivalent to the above amount should be offset within the scope of the equivalent amount to the claim in this case by automatic claim, and therefore, the statement in Eul evidence No. 7 alone is insufficient to recognize that the amount exceeded the fixed amount of KRW 20,471,550 among the detailed contents of the agreement in this case that the plaintiff supplied to the defendant.

Therefore, the defendant's defense is without merit.

3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.