1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. As to the judgment of the court of first instance which partially accepted a claim against the defendant and C within the scope of the judgment of this court, only the defendant appealed, and only the defendant's claim against the defendant is transferred to the appellate court, and the judgment of the court of first instance against C was separately decided.

On the other hand, in the first instance court, as to the Plaintiff’s claim for unjust enrichment equivalent to the rent and rent against the Defendant, the Defendant asserted that there exists a damage claim against the Plaintiff while denying the claim, and that there was a set-off defense against the Plaintiff. However, the first instance court rejected the Defendant’s defense of set-off, which partially recognized the occurrence of the claim equivalent to the rent and the rent, and rejected the claim

In principle, where only one of the parties has filed an appeal against the judgment of the court of first instance that partially dismissed one claim, the scope of the appellate court’s judgment is limited to the appeal filed by the appellant (see, e.g., Supreme Court Decisions 97Da58200, Apr. 10, 1998; 2002Da67321, Apr. 11, 2003). In the event the defendant made a counterclaim as in the instant case, the entire claim against the defendant, i.e., all of the rent and the claim for unjust enrichment equivalent to the rent, which are necessary to determine the counterclaim, is subject to the judgment of the appellate court.

2. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the records are

Therefore, the reasoning of the judgment of this court is consistent with the reasoning of the judgment of the court of first instance, except for adding "the defendant asserts that there exists the following damage claims against the plaintiff, and as an automatic claim, offset against the plaintiff within an equal amount with the claim for return of unjust enrichment equivalent to the plaintiff's rent and rent," and thus, it is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

3. Thus, the judgment of the court of first instance against the defendant.