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(영문) 수원지방법원 2019.12.18 2019나61076
대여금
Text

1. The defendant's appeal is dismissed.

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

3. The purport of the judgment of the court of first instance is stated.

Reasons

1. Facts of recognition; and

2. The grounds for appeal by the defendant are not significantly different from the argument in the first instance court, and the fact-finding and decision in this part of the first instance court is justifiable even if the defendant submitted 2 evidence to the trial court.

Therefore, this court's reasoning is the same as the corresponding column of the judgment of the court of first instance. Therefore, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

3. If so, the Defendant sought payment of the above borrowed money and solatium totaling KRW 40,000,000 (i.e., KRW 30,000,000,000,000) from June 12, 2018, following the delivery date of a copy of the complaint of this case, the Plaintiff sought payment of the above borrowed money from the complaint of this case, and payment of the consolation money from January 24, 2019 to the Plaintiff in the application form for modification of the purport of the claim and the cause of the claim of this case.

The damages for delay of the right to claim compensation for damages caused by tort occur from the date of tort. As such, the plaintiff can seek damages for delay from the day following the delivery date of the copy of the complaint of this case after the date of each tort committed by the defendant.

The rate of 5% per annum under the Civil Act until March 6, 2019, which is the date of the judgment of the court of first instance that the Defendant is deemed reasonable to dispute over the existence or scope of the obligation to perform, and 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment, to June 1, 2019. Thus, the rate of 15% per annum under Article 2(1) of the Addenda of the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) shall apply to the statutory interest rate of Article 3(1) of the former Act.

shall be liable to pay damages for delay calculated in proportion to each ratio of the foregoing.

4. Thus, the plaintiff's claim is justified within the above scope of recognition.

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