(영문) 서울고등법원 2020.02.12 2018나2058456

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.02.12 2018나2058456

대여금 등

Text

1. Defendant of the first instance judgment, including the Plaintiff’s claim added at the appellate court.

Reasons

1. 1. Basic Facts in the judgment of the appellate court regarding the basic facts and the claims against Defendant C, the reasons for this part are as follows, except for the dismissal or addition below;

3. Since the judgment as to the claim against Defendant C is identical to the corresponding part of the reasoning, the relevant part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The abbreviationd name in the first instance court shall be used as it is; hereinafter the same shall apply in paragraphs 2 and 3). The "area of wholesale" in the five pages of the judgment of the first instance shall be changed to "area of the site".

"A evidence Nos. 10 and Nos. 11 shall be added to the grounds for recognition of the 8th judgment of the first instance."

The first instance court's "Evidence 19, 20, 22 of A" is "Evidence 19, 20, 22 of A, and Eul No. 34-1, and Eul No. 35-1 of A.

2. Determination as to the claim against the defendant union

A. The reasoning for the judgment of the appellate court citing the judgment of the first instance court citing the loan claim is as follows: "the judgment of the court of first instance 2" as to the claim against the defendant union.

A. Since the judgment on a loan claim is identical to the relevant part of the reasoning, the relevant part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

However, the lower court added a new judgment on the argument in the claim regarding delay damages of the Defendant Union. (2) The Defendant Union asserts that, in the first instance judgment, the Plaintiff Union is liable to pay only damages for delay calculated at the rate of 6% per annum under the Commercial Act until the first instance judgment rendered a substantial dispute on the existence and scope of the obligation to repay the loan, as it cited only KRW 396,681,180, which is a part of the loan 633,401,160, the Plaintiff claimed against the Defendant Union, and that the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be applicable until the next day.

A creditor shall be the same debtor.

참조조문

-민사소송법 제420조

-상법

-소송촉진 등에 관한 특례법

유사 판례

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