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(영문) 서울남부지방법원 2018.02.09 2017가단213436
부당이득금
Text

1. The Defendant against the Plaintiff A, KRW 1,480,00, KRW 265,00 for Plaintiff B, and KRW 70,00 for Plaintiff C and each of the said money.

Reasons

1. By October 2012, the Defendant is a person working as the head of the management office of the Yeongdeungpo-gu Seoul Metropolitan Government E building (referring to an aggregate building which is an underground first floor, a business facility of the nine floors above ground and a neighborhood living facility; hereinafter the instant building).

Plaintiff

A is each possession user of the building 102, 201, 301, 301, and 705.

(For each section for exclusive use, only "store" is referred to as "store"). [Grounds for recognition] The fact that there is no dispute, the purport of the whole pleadings.

2. The defendant, at the time of being released from the office of the Director of the Management Office, agreed not to raise any civil or criminal issues while settling the plaintiff A and the management expenses. Thus, even if the defendant's obligation to return unjust enrichment exists, he/she asserts that the lawsuit of this case was exempted from the obligation or is unlawful in violation of the non-committee special agreement.

However, it is not enough to recognize that there is an agreement with respect to the plaintiffs' filing of the lawsuit in this case only with the content of the letter of acceptance of Eul evidence 4.

The defendant's main defense is without merit.

3. The plaintiffs' assertion on the merits was made from around 2000 to the management office of the building of this case by collecting electricity charges, water supply and drainage fees, and TV receiving fees from the plaintiffs and embezzlement them, thereby unjust enrichment, and losses were inflicted on the plaintiffs due to tort.

In the case of electricity charges, the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) imposes electricity charges on the entire building of this case. Thus, the charges imposed on the entire building of this case by dividing them into the electric consumption (kw) and calculating the charges per unit, and by multiplying the charges calculated as such by the electric consumption for each store, the charges per unit shall be imposed (the same shall apply to each “Korea Electric Power Imposition Amount” stated in attached Form 1 or 4), while the defendant shall set the above amounts to the plaintiffs.

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