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(영문) 서울중앙지방법원 2018.08.28 2017나59743
기타(금전)
Text

1. The defendant's appeal is dismissed.

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

3. Judgment of the court of first instance (hereinafter “39.3”).

Reasons

1. The reasoning of the court of first instance’s explanation concerning the instant case is as follows. The Defendant’s assertion emphasized or added by this court is as stated in the reasoning of the first instance judgment, except for the addition of the following “3. Additional Judgment” as to the assertion emphasized or added by this court. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the second page of the judgment of the court of first instance, the part in which a seal is affixed or added, the following is added.

“A Codefendant A Co., Ltd. of the first instance trial (hereinafter referred to as “A”) and the Defendant agreed to apply the Plaintiff’s basic terms and conditions of credit transaction at the time of the preparation of the instant application. At that time, Article 4 of the Plaintiff’s basic terms and conditions of credit transaction provide that the obligor shall bear the expenses incurred by the obligor due to the nonperformance of obligation or the occurrence of the cause of loss of time-of-payment (the expenses incurred by the obligor’s guarantor or the surety’s exercise and preservation of the rights, such as the security interest, the expenses incurred in the investigation, collection, and disposal of collateral, the expenses incurred in giving notice of demand due to delay in the performance of obligation),” “5,37,85 won” in the last sentence of the first instance judgment, “5,637,885 won”, and “prestigious medical treatment” in

"13,707,50 won" in Part 6 of the first instance judgment was "13,707,50 won (i.e., lease fee of 6,979,068 overdue interests from November 2, 2014 to February 2, 2015)" and "3,64,600 won incurred by the Plaintiff due to attachment of KRW 3,083,823, etc." in Part 7 of the second instance judgment.

In the first instance judgment, the "amount converted into KRW 41,874,408" in the 13th and 14th and the "amount converted into the current value" shall be the sum of KRW 30,084,138,138 and the remaining value amount of KRW 17,869,00, which is the amount converted into the current value.

On the 6th of the first instance judgment, the “amount calculated by adding interest to delay” in the 12,706,610 won, the “amount of delayed interest” in the 17th and 18th of the first instance judgment, 4,187,440 won, and the time the instant application was filed.

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