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(영문) 전주지방법원 2020.08.12 2019나5638
명도 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

The reason for appeal by the defendant is not significantly different from the argument in the first instance court, and the fact-finding and decision in the first instance court are justified even if the submitted evidence is examined.

Therefore, the reasoning of the judgment of this court is as follows: “15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings” as stated in the 5th sentence No. 11 and 12 of the judgment of the court of first instance according to the Plaintiff’s reduction of the purport of the claim; “12% per annum requested by the Plaintiff within the scope prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings,” and “the date of completion of delivery of the real estate of this case” as stated in the 13th sentence of the same face “the date of completion of delivery of the real estate of this case, August 28, 2019,” and therefore, it is identical

Therefore, the judgment of the first instance is legitimate, and all appeals filed by the defendant against the principal lawsuit and counterclaim in this case is dismissed (However, according to the reduction of the principal lawsuit in this court, the judgment of the first instance was modified as above). It is so decided as per Disposition.

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