(영문) 서울동부지방법원 2020.10.14 2018나21892

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(영문) 서울동부지방법원 2020.10.14 2018나21892

부당이득금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as follows: (a) the pertinent part of the reasoning of the judgment of the first instance (as stated in the relevant part of the grounds for appeal Nos. 6 to No. 3, 12) is the same, except for the dismissal or addition as follows; and (b) thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

Part 2, " at the defendant's side" in Part 18 shall be placed " at the defendant's side" and part 1 of each week shall be deleted.

Part 2, "Defendant's side" in Part 19 is "K; "16 million won" = "6 million won in monthly rent accumulated up to the time = 6 million won in addition to the lease deposit that the Plaintiff lent to F, each of which is entrusted to F in preparation for the return of the deposit."

Part 2, "Non-Party I" in Part 20 shall be changed to "Non-Party N".

Part 3, part 2 and 3 "The monthly rent of KRW 300,000 shall be 7 million, monthly rent of KRW 300,000,000,000 to the non-party J.

Part 3, 3, and 4 "The monthly rent of KRW 300,000 shall be "the rent of KRW 7 million and the rent of KRW 300,000 for the loan to the foreign country".

Part 3, Paragraph 6 of the 6th page "n" shall be regarded as "niven P".

2. Demanding return of unjust enrichment relating to the commercial building of this case

A. The plaintiff 1) delegated the management authority over the commercial building of this case to the defendant around April 2001. Accordingly, the defendant has been managing the commercial building of this case with the defendant's father K. Since the monthly rent of this case is KRW 400,000 per month from January 1, 200 to June 30, 2002, and KRW 300,000 thereafter, the defendant was transferred or received directly from F from the defendant from January 1, 200 to May 30, 2009 (=the rent is the aggregate of KRW 410,00 won from January 1, 200 to June 30, 2002 to KRW 30,000 from June 1, 200 to June 30, 2001 x 300,0000 won (=the aggregate of KRW 300,0000 from June 30, 201).

참조조문

-민사소송법 제420조

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