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(영문) 부산지방법원 2018.05.30 2017가단27859

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff entered into a lease contract with the Defendant for the term of 77 million won for the deposit on December 15, 2008, with the term from December 25, 2008 to December 25, 2010, with the term of 88 million won for the deposit on October 14, 2010, with the term from December 26, 2010 to December 25, 2012. The Plaintiff entered into a lease contract with the Defendant for the term of 10 million won for the deposit on a deposit basis, from October 26, 2010 to December 25, 2012. The Plaintiff entered into a lease contract with the term of 88 million won for the deposit on a deposit basis, from December 26, 2010 to December 25, 2012, with the term of 10 million won for the deposit on a deposit basis, and from December 26, 2012 to December 25, 2014>

B. The Plaintiff, while residing in the instant real estate, filed a lawsuit claiming damages amounting to KRW 32,296,00 in total with the repair cost or replacement cost, asserting that the Defendant had arbitrarily collected or lost boiler, air conditioners, entrance door locker (digital fishing), and damaged the ceiling and parking lot facilities in the living room and small bank.

However, in the above lawsuit, the plaintiff was sentenced to a judgment against the plaintiff as to the remaining claims except for damages of KRW 294,800 for partial damage of the small door as seen below and damages for delay (Supreme Court Decision 2015Nu29271 Decided September 8, 2016). The judgment was dismissed and dismissed in the appellate court (Supreme Court Decision 2016Na2536 Decided December 21, 2016), and the final appeal (Supreme Court Decision 2017Da2380 Decided April 28, 2017) and the final appeal (Supreme Court Decision 2017Da2380 Decided April 28, 2017).

(hereinafter referred to as "previous final and conclusive judgment"). . [Grounds for recognition] without dispute; Gap evidence Nos. 1, 2, and 4; Eul evidence Nos. 1 and 2 (including above numbers; hereinafter the same shall apply); and the purport of the whole pleadings.

2. The defendant asserts to the effect that the lawsuit of this case against the defense prior to the merits is unlawful as it goes against the res judicata of the previous final and conclusive judgment, and thus, it should be dismissed.

On the other hand, as seen earlier, the subject matter of the previous final and conclusive judgment is the claim for damages and the lawsuit in this case.