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(영문) 서울고등법원 2019.04.18 2018나2071367
약정금
Text

1. According to the expansion and reduction of the Plaintiff’s claim in this court, paragraphs 1 and 2 of the judgment of the first instance are as follows.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of the first instance, except for cases where a part is rewritten or added as follows, and thus, it is acceptable as it is by the main sentence of Article 420 of the Civil Procedure

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or added parts] Part II, 17, and 18 of the judgment of the court of first instance, "Defendant B Co., Ltd. (hereinafter referred to as "B") shall be limited to "Defendant B" and "Defendant C Co., Ltd. (hereinafter referred to as "C")" in Part III shall be limited to "Defendant C".

Part 8 of the first instance judgment "2,450,000 won claimed by the plaintiff out of the amount equivalent to the monthly rent" shall be added to "42,793,333 won equivalent to the monthly rent."

The 11th judgment of the first instance court shall consist of the 9th to 14th cases as follows:

"Therefore, defendant B shall be liable to the plaintiff for delay to pay 508,501,090 won = 348,598,180 won £« 42,793,333 won £« 67,655,027 won in monthly settled accounts and borrowed money + 49,454,550 won in value-added tax + 490,207,757 won after the due date of settlement according to the settlement of accounts in this case, which is the due date of settlement pursuant to the settlement of accounts in this case and the due date of delivery of a copy of the application for change in the purpose of claims and the date of delivery of a copy of the application for change in the cause of claims, etc.) of the plaintiff B from April 13, 2018 (the day after the date of delivery of the application for change in the purpose of this case and the scope of the obligation to pay 30% in addition to the following 10% of the total amount of damages for delay of the plaintiff 28.

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