1.The amount exceeding that of the principal lawsuit of the judgment of the court of first instance with respect to which payment is ordered.

1. After the remand, the plaintiff filed a claim for distribution against the defendant as the principal lawsuit, and the defendant filed a claim for return of unjust enrichment against the plaintiff as the counterclaim. The judgment prior to the remand dismissed the principal lawsuit's claim, and dismissed the counterclaim's claim on the ground that it is unlawful.

As to this, the defendant did not appeal, and only the plaintiff appealed against the dismissal part of the main claim. The Supreme Court accepted the plaintiff's appeal and reversed and remanded the main claim.

Therefore, since the part of the counterclaim claim becomes final and conclusive, the subject of the judgment after the remand is limited to the claim part of the principal lawsuit.

2. Basic facts

A. On June 2001, the Plaintiff entered into a partnership agreement and newly constructed and sold loan 1/3 of its profits by jointly purchasing the land between the Defendant and C and newly building and selling loan 1/3 (hereinafter “instant partnership agreement”).

(2) On July 26, 2001, the original Defendant and C completed the business registration under the trade name of “D” and carried out the said joint business. The Plaintiff was in charge of fund management and accounting, and the Defendant and C were in charge of construction and sales.

(1) On July 26, 2001, 2001, 200 m2, 200 m2, 360 m2, 200 m2, 360 m2, 200 m2, 360 m2, Nam-gu, Incheon, Nam-gu, Incheon, Nam-gu, Seoul, Seoul, for the use of the purchase of the land in the Do-dong-gu land (hereinafter referred to as "the instant loan"), the Defendant and C purchased the following site pursuant to the instant business agreement and newly built the m2, 3,000 m2, 202, 200 m2, 3, 2002, 202, and obtained the use approval (hereinafter referred to as "the instant loan"), by adding 1, 2, and 3 m2, m2:

4) On December 5, 2002, the Defendant and C filed a report on the closure of the sales of each of the instant lending services with respect to “D” at the time of the completion of most of the sales of each of the instant lending services.

B. The original Defendant and C invested 160 million won each as the partner’s money, and the remainder of the construction cost shall be from financial institutions.