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(영문) 서울고등법원 2019.09.20 2018나2058357
부당이득금
Text

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

The defendant shall pay to the plaintiff KRW 161,721,695 and KRW 96,127,290 among them.

Reasons

1. The reasoning of this court’s judgment on this part of the underlying facts is as follows: “The Defendant operated show rooms on the first floor of the instant building from April 1, 2014 to June 2015. The amount equivalent to the rent for the entire first floor shall be KRW 9,113,125 per month from April 1, 2014 to March 31, 2015, KRW 8,794,167 per month from April 1, 2015 to October 31, 2015; “Expert F” under Article 3 of the Civil Procedure Act shall be cited in the main sentence of Article 420 of the Civil Procedure Act, with the exception of the reasoning of the judgment of the first instance, as stated in paragraph (1).

2. Determination on the claim for payment of rent equivalent

A. The gist of the Plaintiff’s assertion 1) The Defendant is obligated to pay the amount equivalent to the rent of the 6th tier office from October 201 to October 31, 2015, and the 1st tier office from April 2014 to October 15, 2015. The Defendant is obligated to refund unjust enrichment equivalent to the rent of the Plaintiff or compensate the Plaintiff for damages arising from tort (main claim) as the Plaintiff occupied and used the entire 6th tier office and the 1st tier office without any authority (the 2nd 5th 6th 7th 7th 5th 6th 7th 6th 7th 7th 6th 7th 7th 5th 6th 7th 76th 7th 5th 5th 6th 5th 2005, the 206th 5th 7th 5th 5th 7th 2016. 7th 6th 166th 206th 74th 206th 7th 666th 7.

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