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(영문) 수원지방법원 2020.12.17 2020나58670

손해배상(기)

Text

The judgment of the first instance court is modified as follows. A.

The defendant is KRW 10 million against the plaintiff A, and KRW 12 million against the plaintiff B.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except where the third or fifteen pages 10 through 15 of the judgment of the court of first instance are used as stated below, thereby citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. Therefore, the Defendant is obligated to pay to the Plaintiff A the amount of KRW 10 million, KRW 12 million, and each of them after the date of the tort in this case, which is the day following the delivery of a copy of the complaint in this case sought by the Plaintiff from February 21, 2019 to January 31, 2020, which is the date of the first instance judgment, which is appropriate for the Defendant to dispute over the existence or scope of the obligation to perform the obligation, 5% per annum under the Civil Act, and delay damages calculated at 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment (the Defendant maintained the claim amount cited by the first instance court, and it cannot be deemed that the Defendant’s assertion to the existence or scope of the obligation to perform the above cited amount in the appellate procedure is reasonable to dispute the existence or scope of the obligation to perform the obligation

(Supreme Court Decision 2019Da14110, 14127, 14134, 14141 Decided August 20, 2020)

2. In conclusion, the plaintiffs' claims of this case are justified within the scope of the above recognition, and each of the claims must be accepted and dismissed as there is no reasonable ground.

Since the judgment of the court of first instance is partially unfair with different conclusions, it is so decided as per Disposition by the assent of all participating Justices.