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(영문) 의정부지방법원 2020.10.22 2019나215143
손해배상(기)
Text

All appeals by the defendant are dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The defendant's appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence submitted in the court of first instance shows the evidence submitted in this court.

Therefore, the court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance except for dismissal as follows. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third part of the judgment of the court of first instance is that "the defendant borrowed" in the 19th part of the judgment of the court of first instance is "the plaintiff borrowed."

The 5th and 8th of the first instance judgment "Defendant I" are referred to as "Defendant D", respectively.

The fifth part of the judgment of the court of first instance is "6.0" and the fifth part of the judgment of the court of first instance is "6.29.0."

The 5th page 14 of the judgment of the court of first instance is understood as "to read".

Each "Plaintiff" in the 7th and 17th of the judgment of the first instance shall be considered as "Plaintiff A".

The 7th day of the first instance judgment “Plaintiff N” in the 17th day is raised to “Plaintiff B”.

The part of the 8th to 13th sentence of the judgment of the first instance is as follows.

Therefore, Defendant D’s defense over the Plaintiff’s 2,00,000 won and its final tort against Plaintiff A from June 29, 2017, which is the date of the final tort against Plaintiff A, to September 27, 2019, the date of the first instance judgment, which is the date of the first instance judgment, to September 27, 2019; damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act; damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment; damages for delay to Plaintiff B from January 26, 2017, which is the day following the date of tort against Plaintiff B; and that Defendant D’s defense over its performance and its scope from the following day of the first instance judgment to September 27, 2019, which is the date of the first instance judgment, to the date of full payment; and

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