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(영문) 창원지방법원 2019.11.01 2018나61670
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows: (a) the Defendants jointly have a duty to jointly pay to the Plaintiff KRW 2,127,948 (=21,279,48 won x 10%) and for this, after July 11, 2018, the date following the delivery date of a copy of the application for modification of the purport of this case and the cause of the claim, as sought by the Plaintiff, to dispute on the existence and scope of the obligation, from July 13, 2018 to October 11, 2018, the date of the judgment of the court of first instance, which is 5% per annum as stipulated in the Civil Act, and from the next day to the day of full payment, the Defendants are obligated to pay damages at the rate of 15% per annum as stipulated in the main sentence of Article 420 of the Civil Procedure Act.

2. Thus, the plaintiff's claim of this case against the defendants should be accepted within the extent of the above recognition, and the remainder should be dismissed as there is no ground.

In the judgment of the court of first instance, the part of the judgment against the Defendants ordering the payment of damages for delay exceeding the above scope of recognition is unfair, but it cannot be modified to the judgment of first instance because it is favorable to the Defendants who did not appeal and disadvantageous to the Plaintiff who is the appellant. Accordingly, only the Plaintiff’s appeal against the Defendants without any justifiable ground is dismissed.

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