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(영문) 광주지방법원 2018.03.30 2017나58556
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

No. 1007 of the Daejeon General Law Firm Certificate No. 2014.

Reasons

1. The plaintiff's grounds for appeal citing the judgment of the court of first instance are not different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance and the court of first instance are closely examined, the fact-finding and the judgment of the court of first instance

Therefore, the reasoning of the judgment of this court is citing the reasoning of the judgment of the court of first instance, except for the following parts, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. The portion of the judgment of the court of first instance to be used is as follows. [2.1,637,000 on the date of collection of the remaining debt amount under the notarial deed of this case to be appropriated for the payment of the Plaintiff’s debt under the notarial deed of this case from the 20th day of June 8, 2017 to the date of seizure 1,578,000 on the 20th day of June 1, 2017, 2017, the Plaintiff may obtain the 1,431,000 on March 8, 2017 to pay the Plaintiff’s debt under the notarial deed of this case to the Defendant more than the 20th day of the notarial deed of this case to the day of seizure 1,589,000,000 annually from the 20th day of June 1, 2017, 2000 to the day of the notarial deed of this case to the day of seizure 1,00.

If the above collection amount is appropriated in the order of statutory appropriation, in order of interest and principal until the time of repayment, the remaining amount of the debt as of August 8, 2017, which is the last date of payment, shall be 2,516,408 won.

Therefore, the Plaintiff’s obligation to the Defendant based on the instant notarial deed does not exceed KRW 2,516,408 and damages for delay calculated at the rate of 10% per annum from August 9, 2017 to the date of full payment. As long as the Defendant contests the same as the purport of the incidental appeal, the Plaintiff as the Plaintiff.

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