부당이득금
1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:
1. The reasoning of the judgment of the court of first instance for this case is as stated in the reasoning of the judgment of the court of first instance, except for the following: (a) the second 18th of the judgment of the court of first instance was deleted; (b) the third 13 to 18th of the judgment; and (c) the remaining money remaining after a set-off or mutual aid is extinguished; and (d) the remaining money remaining after a set-off or mutual aid as set-off or mutual aid as set-off is as stated in the reasoning of the judgment of the court of first instance
2. Parts to be dried;
A. The Plaintiff asserts that electric charges and management fees of KRW 4,946,340, and water charges of KRW 5,184,850 (a reasonable amount of electric charges and electric charges used for the supply of underground water measured in the electric measuring instruments installed in an individual shop by the Defendant) have occurred. However, evidence Nos. 2 through 5 was unilaterally prepared by the Plaintiff, and no objective data, which served as the basis for the preparation, is submitted, and there is no other evidence to acknowledge the content.
Of the water rates claimed by the plaintiff, the electricity charges claim used for the supply of groundwater has been paid by the defendant 20,000 won as management fees, and the plaintiff has not claimed the electricity charges used for the supply of groundwater during the lease term.
However, the Defendant is deemed to have caused a total of KRW 134,418,90, and water rate of KRW 1,839,444 until the termination of the lease. There is no dispute that the Defendant paid KRW 126,284,170 to the Plaintiff for the same period with the rent, electric and water rate of KRW 126,284,170. Ultimately, the amount that the Defendant is liable to pay to the Plaintiff (i.e., KRW 134,418,00; KRW 1,839,4444; KRW 126,284,170).
B. Therefore, the Plaintiff is obligated to pay to the Defendant the remaining amount of KRW 897,266 (=10,871,440 - 9,974,174) and damages for delay that remains after set-off or mutual aid (i.e., the Plaintiff’s payment) to the Defendant.