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(영문) 서울동부지방법원 2019.11.29 2019나24195
부당이득금
Text

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

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The first instance court rejected the part of the claimant's claim of unjust enrichment against the plaintiff's principal claim, the defendant's counterclaim damages, unjust enrichment, and unpaid management expenses, and accepted the claim of unjust enrichment amounting to KRW 2 million among the principal claim and the counterclaim, and dismissed the remainder of the counterclaim.

Accordingly, since only the defendant appealed to the claim for unpaid management expenses (10,827,250 won) during the counterclaim of the first instance judgment, the scope of the judgment of this court is limited to the claim for unpaid management expenses among the part concerning the counterclaim of the first instance judgment.

2. The facts of recognition, the defendant's assertion, and the court's reasoning on this part are as follows: "1. Recognition" of the judgment of the court of first instance and "3. A. Of the defendant's assertion, 3.B."

Judgment

3) As to the claim for management expenses in arrears (as to the defendant's claim, it is the same as the part concerning the defendant's claim, the corresponding part is cited under the main sentence of Article 420 of the Civil Procedure Act

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed.

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