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(영문) 서울중앙지방법원 2018.08.29 2018나9202
손해배상(기)
Text

1. The plaintiffs' appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance and the grounds for incidental appeal by the defendant are not significantly different from the allegations by the court of first instance, and the evidence duly adopted and examined by the court of first instance is acknowledged as legitimate even if the contents of evidence No. 20, No. 24, No. 4, and No. 5 submitted to this court were examined.

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as is by the main text of Article 420 of the Civil Procedure Act.

2. If so, the defendant is obligated to pay damages for delay at the rate of 11,271,53 won, 3, 1,000 won, 1,00,000 won, and 1,000 won, from March 14, 2017 to January 12, 2018, which is the date following the delivery date of a copy of the complaint of this case, as the plaintiffs seek after the date of tort, and it is clear that it is reasonable for the defendant to resist the existence or scope of the obligation of this case from March 14, 2017 to January 12, 2018, and 15% from the following day to the date of full payment. Thus, the defendant is obligated to pay damages for delay at each rate of 11,271,553 won, 3, 3, and 1,000 won to the plaintiff A as damages for delay. Accordingly, the judgment of the court of first instance is justifiable, and the appeal by the plaintiffs and the defendant's unit is dismissed.

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