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(영문) 서울중앙지방법원 2018.01.17 2017나36436
손해배상(기)
Text

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

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

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and the fact-finding and judgment by the court of first instance are recognized as legitimate even if the plaintiff submitted evidence Nos. 21 and 22 to this court, the voice of evidence No. 23, and witness G of the party witness G, which were duly adopted and investigated by the court of first instance.

Accordingly, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure

2. Thus, the plaintiff is obligated to pay damages for delay at the rate of 5% per annum prescribed by the Civil Act from March 19, 2015 to May 12, 2017, which is the date of delivery of a copy of the counterclaim of this case, as requested by the defendant, after the date of tort against the defendant, since 7,00,000 won as compensation for damages caused by the tort, and after the date of delivery of a copy of the counterclaim of this case, the plaintiff is obligated to pay damages for delay at the rate of 15% 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. Thus, the plaintiff's counterclaim of this case is justified, and the judgment of the court of first instance is dismissed since all appeals against the plaintiff of this case and the counterclaim of this case are without merit. It is so decided as per Disposition.

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