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1. Defendant who exceeds the following amount among the part concerning a claim for monetary payment in the judgment of the first instance.
Reasons
1. The part of the reasoning of the judgment of the court of first instance excluding the conclusion among the reasons to be explained by the court concerning the instant case is partly modified as set forth in the following 2, and except where the judgment of the defendant's argument added in the trial as set forth in the following 3 is added, it is identical to the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article
2. Of the judgment on the cause of the claim, the part of the judgment of the court of first instance regarding the amendment from 4th to 5th “illegal enrichment equivalent to the management fees” in the same page from 4th part of the judgment of the court of first instance to “the unjust enrichment equivalent to the management fees calculated at the rate of KRW 209,000 per month until August 18, 2017, which is the date of the closing of the argument in this case.”
The following shall be added between the fourth and sixth parallels of the first instance judgment:
“The Plaintiff also seeks unjust enrichment calculated at the rate of KRW 209,00 per month from the day after the date of the closing of argument in this case until the Defendant takes over the registration procedure for the transfer of ownership on the instant motor vehicle. This is limited to cases where the fulfillment period comes in the future based on the time of the closing of argument, and where a prior claim is required pursuant to Article 251 of the Civil Procedure Act. In order to render a judgment ordering performance in the future, not only the fulfillment of the obligation but also the continuation of the cause of nonperformance should be determined at the time of the closing of argument at the time of the closing of argument. However, the Defendant’s operation of trucking transport business by using the Plaintiff’s registration title for the period from the date of closing of argument to the date of taking over the transfer of ownership after the date of closing of argument, thereby obtaining unjust enrichment equivalent to the management fee, etc. cannot be determined at the time of closing of argument (see, e.g., Supreme Court Decision 2009Da70357, Dec.