(영문) 부산지방법원 2015.06.10 2014나41855

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(영문) 부산지방법원 2015.06.10 2014나41855

손해배상(기)

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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. In the first instance court, the Plaintiff sought payment of “18,60,000 won and the amount calculated by the rate of 5% per annum from February 22, 2013 to the delivery date of a duplicate of the instant complaint, and 20% per annum from the next day to the day of complete payment.” However, the first instance court ordered the Defendant to pay “15,60,000 won and the amount calculated by the rate of 20% per annum from February 22, 2013 to February 20, 2014,” and ordered the Defendant to dismiss the remainder of the Plaintiff’s claim.

The Defendant appealed against the aforementioned part of the judgment against the Defendant. The Plaintiff filed an incidental appeal seeking additional payment of “18,04,000 won per annum from March 27, 2013 to February 20, 2014, and 20% per annum from the next day to the date of full payment.” From March 27, 2013 to the date of full payment, the Plaintiff filed an incidental appeal seeking additional payment of “2,404,000 won and the amount calculated at the rate of 20% per annum from the next day to the date of full payment.” From March 27, 2013 to the date of final judgment, the Plaintiff filed an incidental appeal seeking additional payment of “2,404,000 won and the amount calculated at the rate of 20% per annum from the next day to the date of full payment.”

Therefore, the scope of this court’s adjudication is limited to “15,60,000 won and the amount calculated by the rate of 5% per annum from March 27, 2013 to February 20, 2014, and 20% per annum from the next day to the date of full payment,” among the part against the Plaintiff in the first instance trial, “2,404,000 won and the amount calculated by the rate of 20% per annum from March 27, 2013 to the date of full payment” (i.e., the portion calculated by the rate of 15% per annum from February 21, 2014 to the date of full payment) from among the part against the Defendant in the first instance trial, 5% per annum from the next day to the date of full payment, and the portion calculated by the rate of 15% per annum from the next day to the date of full payment).

A. The plaintiff is not more than Ulsan District Court C's auction of real estate.

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