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(영문) 의정부지방법원 2020.07.16 2019나210445
구상금
Text

The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following 2. Appellate or added parts, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Parts to be removed or added;

A. The second instance judgment of the first instance is first instance and the second instance judgment “Defendant” is deemed to be “Defendant”.

B. No. 2 of the judgment of the court of first instance (hereinafter “transfer of claim of this case”) No. 12 of the judgment, “the assignment of claim of this case”, and “the claim transferred as above,” is regarded as “the claim of this case or the claim of this case,” “the obligation of this case.”

C. 1,097,038,021 won, “1,092,423,798 won” under the second sentence of the first instance judgment

4. 24. Notice of assignment of claim No. 1-B.

KRW 1,097,038,021, which is the sum of the outstanding interest on long-term loans in KRW 1,092,423,798, plus the outstanding interest on long-term loans, shall be KRW 4,614,223.

“Around May 25, 2014,” respectively, the term “as of April 25, 2014” means “ April 25, 2014.” D. The third party of the first instance judgment “Defendant” is added to “after April 25, 2014.” (e) below the fourth party of the first instance judgment. There is no “as of April 25, 2014.”

“The following shall be added:

4. 24. 24. The phrase “a condition that us bears additional financial expenses” as indicated in the notice of assignment of claims refers not to the meaning that the Plaintiff bears interest on the obligations of this case that may arise after the assignment of claims of this case, but to reduce the interest obligations already incurred until the transfer of claims of this case.

However, the above notice of assignment of claims stated in E that the total amount of claims to be borne by the defendant is KRW 1,097,038,021, and the interest of KRW 56,267,308 from September 3, 2013 to April 25, 2014 is KRW 1,153,305,329, and part of which was reduced.

If there is no statement that there is room for reduction or that there is a possibility for reduction, and the interest obligation already occurred has been reduced.

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