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(영문) 대전지방법원 2018.10.10 2017나114038

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except for the following “a dismissal portion,” and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

(However, the part of the judgment of the court of first instance (limited to the part against the defendant) 2. Jin as follows. 3-A-3 of the judgment of the court of first instance. Thus, barring any special circumstance, the defendant, jointly with the co-defendant C of the court of first instance, has a duty to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from November 27, 2016 to September 22, 2017, which is the date when the judgment of the court of first instance, which is the date when the defendant delivered a complaint to the plaintiff as to the existence and scope of the obligation to perform, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date when the obligation to perform is fully paid. Thus, the defendant's appeal was dismissed (However, according to the reduction of the claim in this court, the part against the defendant of the judgment of first instance as to the disposition of the court of first instance was modified as prescribed in paragraph (3).

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