부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the judgment of the court of first instance, except for the addition of the following judgments, and thus, it is acceptable in accordance with the main sentence of Article 420 of
[Supplementary Part] The following subparagraph shall be added at the end of the first instance judgment at the end of the first instance judgment.
(In a case where a beneficiary is obliged to obtain and return a benefit without any legal ground, the expenses incurred in order to obtain such unjust enrichment shall be deducted within the scope of the benefit to be returned by the beneficiary (see Supreme Court Decision 94Da25551, May 12, 1995). In such a case, the expenses to be deducted are only the expenses already paid and also the expenses to be incurred in the future or the expenses that the beneficiary bears with the obligation to pay are not included herein. Therefore, the enforcement fine not yet paid by the Defendant may not be deducted from the unjust enrichment to be returned to the Plaintiff) of the first instance judgment, the following subparagraph is added to the end of the second instance part.
(In order to gain profit equivalent to the instant rent, there is no evidence to acknowledge the name of the Defendant, as alleged, when the Defendant made a contribution or returned it to the expense, as alleged.
2. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.