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(영문) 창원지방법원 2021.01.15 2020나55326
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The defendant's appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance. In light of the evidence submitted in the court of first instance, the fact finding and judgment of the court of first instance are justifiable.

Therefore, the reasoning for this court's explanation is that "the defendant is obliged to pay to the plaintiff 15,00,000 won and delayed damages." The defendant is obliged to pay to the plaintiff 15,00,000 won.

“Around June 29, 2018, the day following the delivery of the complaint of this case for which the Plaintiff requested the performance, the Defendant is obligated to pay to the Plaintiff losses for delay calculated at the rate of 5% per annum as stipulated in the Civil Act until April 9, 2020, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

Inasmuch as the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance, the foregoing shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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