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(영문) 인천지방법원 2017.11.09 2017나5198
부당이득
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. On June 8, 2003, the Plaintiff entered into a lease agreement. On June 8, 2003, the Plaintiff is 25.36 square meters (E201; hereinafter referred to as the “instant building”) out of 101.44 square meters of the 2nd floor of the housing of the 3rd floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

(2) At the time of the conclusion of a lease agreement, Defendant B agreed to increase the rent to KRW 3.9 million on January 2004, which was the monthly rent, and Defendant C jointly guaranteed Defendant B’s obligation to pay the said rent.

B. On October 18, 2005, when Defendant B terminated the above lease agreement, the Plaintiff claimed against Defendant B for the delivery of the building of this case and the payment of city gas fees of 330,710 won paid by the Plaintiff, and delayed payment damages thereof. From October 5, 2004 to the delivery of the building of this case, the Defendants filed a lawsuit against the Defendants for the payment of money calculated at the rate of 390,000 won per month (the Incheon District Court Decision 2005Da10310) from October 2, 2005 to the delivery of the building of this case (the delivery of the building of this case) with the payment of the rent and rent of 2 or more rents, etc. The Defendants did not appear on the date of pleading and the notice of date of pleading, and the court rendered a judgment on August 31, 2006 to Defendant B from 30,000 won to 300,000 won per annum of this case.

The above judgment became final and conclusive on November 8, 2006.

C. The Defendants, around October 2, 2008, removed the instant building from the said building.

[Grounds for recognition] Gap 1, 2, 4, and the purport of the whole pleadings

2. Determination on the claim for urban gas usage fees shall be based on the facts of recognition.

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