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(영문) 대전고등법원 2015.12.24 2013나1172
건물명도 등
Text

1. The judgment of the court of first instance is modified as follows.

In accordance with the claim of the Plaintiff (Counterclaim Defendant) that was changed from the trial, ..

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. As to the Defendant’s defense of this safety, the Plaintiff is obligated to pay the Defendant a total of KRW 369,62,00,00 for unpaid operating fees or unjust enrichment from February 1, 2012 to March 15, 2013 (i.e., KRW 1,359,662,00, KRW 990,00 transferred on November 20, 2014), ② KRW 400,000, and KRW 388,208,200,000 for overdue interest from October 15, 2015 to KRW 31,708,200, KRW 788,000, KRW 308,000 for unpaid operating fees or overdue interest from March 15, 2013, KRW 208,708,000,000 for overdue interest from KRW 208,7088,200,000 for overdue interest from KRW 2088,2081.

On the other hand, the defendant shall specify the amount of the claim by claim and make a partial claim upon partial claim. The plaintiff's claim constitutes a case where the purport of the claim is not specified, and thus, it must be dismissed. However, as seen above, the plaintiff claims "400,000,000 won for non-acceptance expenses and damages for delay thereof" and the kind and amount of the claim are specified. Thus, the defendant's defense is rejected.

B. The fact that the Defendant did not pay a total of KRW 400,000,000 to the Plaintiff by October 15, 201 under the instant consignment operation agreement that the judgment on the grounds for the claim of the principal claim on the merits of the lawsuit is without dispute between the parties.

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