부당이득금반환
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Basic Facts
The reasoning of this Court concerning this part is that the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance.
In the judgment of the court of first instance, the plaintiff filed a suit claiming the return of unjust enrichment, etc. at the court of first instance. The defendant filed a counterclaim claiming a contract amount based on each of the instant agreements, and a separate contract amount with the instant agreements, and the claim for contract amount based on each of the instant agreements was dismissed, and the claim for contract amount based on each of the instant counterclaim was accepted and the claim for contract amount was dismissed.
As to this, the plaintiff appealed against the principal claim dismissed and the cited counterclaim claim, and the defendant did not appeal against the dismissed counterclaim claim.
Therefore, the subject of the judgment of the political party is limited to the claim of the principal lawsuit and the claim of the agreed amount under each of the counterclaims in this case.
The purport of the Plaintiff and the Defendant’s assertion is the cause of the principal lawsuit. The agreement on the payment of the agreed amount under each of the instant agreements is either a juristic act by the Defendant’s coercion or a juristic act subject to a condition subsequent, and thus, the agreement is null and void because it is an unfair juristic act and a juristic act contrary to social order. Therefore, the Defendant asserts that the Plaintiff should return KRW 102,00,000, which was paid from the Plaintiff according to the agreement under each of the instant agreements, to the Plaintiff. However, the Defendant asserts that the agreement under each of the instant agreements is valid as the cause of the counterclaim, and that the Plaintiff should pay KRW 98,00,000, which was unpaid, to the Defendant.
Judgment
A principal lawsuit and a counterclaim shall be deemed simultaneously.
On October 19, 2013, the Plaintiff agreed to pay KRW 200,000,000 to the Defendant on October 19, 2013, and the Plaintiff paid KRW 102,00,000 among them to the Defendant on October 24, 2013 is as seen in the above-mentioned basic facts.