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(영문) 제주지방법원 2020.10.14 2019나15106
공유물분할
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following portion constitutes an order to pay.

Reasons

The plaintiff at the court of first instance claimed the payment of each claim as set forth in the table 1-7 as the principal claim and the delay damages therefor, and the defendant claimed the remainder of the above loan set-off and the delay damages as a counterclaim, set-off against the claim as a loan to the deceased, and the claim for the remainder of the above loan set-off against the claim as a counterclaim. The court of first instance accepted the claim No. 2, 4, 5, and 6 and the defendant's counterclaim and set-off against the claim No. 2, 4, 5, and 6 in the principal claim, and eventually accepted only some of the claim No. 15,910,400 among the claim No. 6 in the principal claim (10,910,400 won), and dismissed the remainder of the principal claim, and sentenced to a judgment citing the counterclaim claim.

As to this, the Plaintiff appealed against the claim No. 1 and the counterclaim, and the Defendant appealed only against the claim No. 2 and the part cited in the first instance trial among the claim No. 6, which eventually excludes the claim No. 3 and No. 7 from the judgment of the first instance within the scope of the judgment of this Court.

In this lawsuit, the amount of loans 26,741,90 won 26,741,900 won 26,000 won 5,60,000 won 22,60,000 won 3 O apartment rental deposit-related unjust enrichment related to 44,849,870 won 5,000 won 5,000 won 6,000 won 15,910,400 won 7 loans 6,000 won 7,000 won 82,456,170 won 81,86,170 won 170,000 won 20,000 won 82,46,86,170 won 86,000 won 20,000 won 20,000 won 86,000 won 86,000 won 16,081,000 won 16,208.

However, the sum of each claim amount listed in Nos. 1-7 above is 82,456.

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