(영문) 서울고등법원 2015.04.16 2014나42433

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(영문) 서울고등법원 2015.04.16 2014나42433

부당이득금반환

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Upon the claim added at the trial, the Defendant-Counterclaim Plaintiff A, partnership, or association.

Reasons

1. Progress of litigation;

A. The Plaintiff filed a claim for the payment of KRW 500,00,00 in total, which is the sum of 28,276,965 won in the principal lawsuit, 77,098,805 won in damages, 319,495,00 won in addition to cooperative members, 75,129,230 won in additional construction costs, and the Defendant Cooperative claimed the payment of KRW 788,580,628 in total, as a counterclaim.

B. The first instance court did not accept all the claim for unjust enrichment, damages, and additional construction costs in the principal lawsuit. On January 9, 2014, the Defendant Union accepted the defense that the Plaintiff paid a substitute payment on the first floor of the building of this case, which was 400,000,000, market price to the Plaintiff as of January 9, 2014, and dismissed the claim for the principal lawsuit.

C. The first instance court acknowledged the obligation to pay KRW 80,505,00 ( KRW 400,000,000 - KRW 319,495,000) and business expenses of KRW 6,037,517 with respect to a counterclaim, and rejected the Plaintiff’s claim for a counterclaim by accepting the offset claim against the remaining cash settlement money claim amounting to KRW 116,00,000.

With respect to the judgment of the first instance, only the Plaintiff appealed against the judgment of the first instance, and the Plaintiff extended the total amount of unlawful gains to KRW 318,314,482 instead of withdrawing the claim for additional share of the association members among the above principal lawsuit, and apart from this, additionally added the claim for payment of cash settlement money to KRW 29,457,483, the claim for payment of KRW 500,000 in total.

2. The reasoning for this part of the underlying facts is the same as that of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

3. The Plaintiff’s assertion and judgment on unjust enrichment, damages, and additional construction costs are stated in the reasoning of this part of the judgment of the court of first instance as “318,314,482 won” other than “318,314,482 won, i.e., 2-b, (c), and (e) (4) of the judgment of the court of first instance (2-2,50 won from 4th to 14th and 8th 2-2).

참조조문

-민사소송법 제420조

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