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(영문) 대구지방법원 2015.04.23 2014나8439

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Until April 2, 2014, which is the date of the pronouncement of this judgment," Nos. 3, 17, and 18 of the first instance judgment; "Until April 23, 2015, which is the date of the adjudication of the court of the first instance, it is reasonable for the defendant to dispute whether he/she is liable for performance or not"; "No. 4-1, 4, 6, 8, and 8 of the evidence No. 4-1, 6, 8, and 9 of the first instance judgment; and part of the evidence No. 9 of the evidence No. 4-1, 2, 4, 6, 8, and 18 of the judgment of the court of the first instance," and "No. 3-1, 6-1, 11, 14, and 15 of the evidence No. 9-1, 5-2, 3-1, 4, 5-2, 7," and 5-1.

'The part' is the same as the part of the reasoning of the judgment of the first instance except for the following modifications, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【The portion to be used by the court for repayment” and, in order to be effective, there is a need for the provision of performance for all of the obligation and deposit for all of the obligation, and the deposit for part of the obligation does not take effect even with respect to that part. However, if an obligee expresses his/her intent to appropriate the deposit for part of the obligation and receives it, the deposit shall be appropriated for part of the obligation (see, e.g., Supreme Court Decisions 96Da14616, Jul. 26, 1996; 201Da83776, Mar. 15, 2012). The effect of performance is that the obligee is a creditor.