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(영문) 춘천지방법원강릉지원 2016.01.12 2015나394
부당이득금반환
Text

1. The part against the defendant in the judgment of the first instance shall be revoked and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Determination as to the cause of claim

A. As to the claim for rent from September 1, 2005 to August 31, 2007, in full view of the overall purport of Gap evidence Nos. 4 and Eul evidence Nos. 1, the plaintiff, around August 2005, leased from the defendant and C to August 31, 2007, with the lease deposit amount of KRW 1 million, monthly rent of KRW 350,000,000, KRW 350,000,000 from September 1, 2005, and the whole purport of each statement and argument,

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the user fee (if the contract for the use of the parking lot in this case was concluded between the defendant and the plaintiff) or the unjust enrichment equivalent to the user fee (if the contract for the use of the parking lot in this case was not concluded between the defendant and the plaintiff), the amount of KRW 1.68,00 won (i.e., KRW 70,00 per month x 24 months from September 1, 2005 to August 31, 2007) and damages for delay.

B. With respect to a claim for user fees from August 1, 2005 to August 31, 2005, and from September 1, 2007 to September 30, 2015, the Plaintiff seeks payment of KRW 6790,00,00 in total, exceeding the recognized scope and KRW 70,000 in unjust enrichment equivalent to the usage fees or usage fees from August 1, 2005 to August 31, 2005, and KRW 6790,00 in an amount equivalent to the usage fees or usage fees from September 1, 2007 to September 30, 2015 (i.e., KRW 70,000 each month x September 1, 2007 to September 30, 2015).

In this case, the above period.

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