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(영문) 서울고등법원 2019.12.05 2019나2022553
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for adding the following grounds for determination, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

In the 7th page, the following grounds shall be added between the "in the light of the point of opportunity" and "in the light of the others" in the 12th sentence:

(4) In the preceding lawsuit of this case, the plaintiff argued that "the plaintiff et al. obtained unjust enrichment equivalent to the rent by occupying and using the building of this case," and that "the plaintiff would have taken into account unjust enrichment equivalent to the rent in the process of reducing the estimated amount of damages as a matter of course, even if the plaintiff et al. acknowledged unjust enrichment of 400 million won as the estimated amount of damages." However, in the preceding lawsuit of this case, the above judgment of the previous lawsuit would have considered unjust enrichment in the process of reducing the estimated amount of damages. However, unless there is an express statement in the judgment of the above prior lawsuit, it is difficult to say that it is reasonable to say that such unjust enrichment is included in the estimated amount of damages under the contract of this case, and there is a probability that the defendant thought that the above estimated amount of damages in this case would be separate from the estimated amount of damages in order to compensate to the maximum extent possible, and the defendant raised the subsequent lawsuit of this case.

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