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(영문) 서울고등법원 2020.07.23 2019나2046818 (1)
임대수익금 청구
Text

1. The judgment of the first instance court, including the claims extended and reduced in this court, shall be modified as follows:

Reasons

The reasoning of the judgment of the court of first instance concerning this case is that the part of "5 million won" (hereinafter referred to as "4) paid to the mother F under section 8 below below of the judgment of the court of first instance, is the same as the written judgment of the court of first instance, except for the use of or addition to the following part "," and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act. 【The amount paid to 4F:5 million won paid to the mother of F, the Defendant asserts that the amount of KRW 55 million should be deducted from profits, such as sales, since it is the amount to be jointly borne by the Plaintiff and the Defendant.

In full view of the purport of the arguments in Eul evidence Nos. 3 and 10, the defendant's transfer of KRW 55 million per month from November 9, 2005 to September 4, 2006 to F, with the aggregate of KRW 11,00,000 per month. The above transfer period, the amount of transfer, and the above money were paid on a monthly basis. As seen earlier, as seen above, the defendant received KRW 499 billion from F from September 2005 to November 2005 and used it to repay the loan of this case, and the above KRW 499 million was paid to F from that month, it is reasonable to deem that the above KRW 5,500,000,000 paid every month to F in return for the payment of KRW 99,90 million.

In this regard, the plaintiff asserts that there was no agreement between the plaintiff and the defendant to pay the above money to F, and that the defendant, who had lived with F at the time, voluntarily recovered the above 5 million won and consumed it, should not be deducted.

However, as above, the defendant received KRW 490 million from F and paid the loan of this case to F in return for the payment of KRW 500,000,000,000 to F, and the defendant received the above KRW 499,000,000 from F shall also be deemed as the proceeds of the Incheon Building and shall be included in the settlement of the original defendant.

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