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(영문) 서울고등법원 2020.07.17 2020나2005431
청구이의
Text

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

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

Reasons

1. The contents of the Plaintiff’s assertion at the trial of the first instance do not differ from the contents of the Plaintiff’s assertion at the trial of the first instance. While examining the Plaintiff’s assertion again with the evidence submitted at the trial of the first instance and the first instance court, it is justifiable to accept the Plaintiff’s claim on the Plaintiff’s principal lawsuit partially citing the Plaintiff’s claim, and to accept the Defendant’s claim on the part of the amount exceeding the amount calculated by the rate of 15% per annum from September 8, 2017 to the date of complete payment, with respect to compulsory execution based on the instant payment order, and the amount exceeding the interest rate of 5% per annum from September 8,

Therefore, the reasoning of the judgment of the court on the instant case is as follows, except for the part of the court's decision or the part of the plaintiff's decision as to the assertion made in the trial, and therefore, it is identical to the reasoning of the judgment of the court of first instance.

[Supplementary portions] Of the 4 pages 12-13 of the judgment of the court of first instance, the part which was used in the court of first instance shall be read as “Yanyang-si court of the Republic of Korea,” respectively, as “Yanyang-si court of the Republic of Korea,” “from September 8, 2017,” and the part which was used in the 14th sentence as “from September 8, 2017,” and adding “B evidence 17” to the column of the 17th sentence.

Of the five pages of the judgment of the court of first instance, the 16th of the 5th of the 17th of the 17th of the 17th of the 17th of the 17th of the 17th of the 20th of the 19th of the 19th of the 19th of the 19th of

Of the six pages of the judgment of the court of first instance, the “10,075,250,000 won” of seven parallels in the judgment of the court of first instance shall be “1,075,250,000 won,” and the “the husband of the defendant” of the 15-16 parallels shall be “the husband of the defendant,” respectively.

The payment order (hereinafter “instant payment order”) No. 2017 tea1812 dated September 4, 2017, 2017, No. 2017. 7-10 of the first instance judgment was issued on September 4, 201.

The 8th page 8 of the first instance judgment, “forest” in the 8th page 8th page, is written as “housing”, and the next 1 to 2th page “the Plaintiff seeks the return” is written as “the Defendant sought the return.”

The 9th judgment of the first instance court is 10 'the 10th judgment'.

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