[구상금][미간행]
Seoul Guarantee Insurance Co., Ltd. (Law Firm Roon, Attorney Lee Na-soo)
Defendant (Law Firm KEL, Attorney Lee Sang-hoon, Counsel for defendant-appellant)
June 3, 2011
Seoul Central District Court Decision 2009Da368984 Decided November 4, 2010
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
The defendant shall pay to the plaintiff 145,00,000 won with 19% interest per annum from July 25, 2008 to the service date of the original copy of the payment order of this case, and 20% interest per annum from the next day to the day of complete payment.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
The reasons why this Court has stated in this case
· Change “Defendant” in the sixth second sentence of the first instance judgment to “Plaintiff”;
- Not only the 9th anniversary of the 6th anniversary [see Seoul Central District Court Decision 2010Na9510, 2010Na9527, Sept. 3, 2010 (Counterclaim), Supreme Court Decision 2010Da81414, 201421 (Counterclaim)]]
- With the exception of the addition of the phrase “non-existence of fact” after the 14th sentence of the 6th sentence, the Defendant cited it in accordance with the main sentence of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the first instance is the same as the statement of the first instance court, except for the addition of the phrase “(i.e., “after receipt of the above official document, the Defendant demanded
Therefore, the decision of the first instance court is justifiable, and the defendant's appeal is dismissed.
Judges Jo Hee-de (Presiding Judge) For the purpose of this Act