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(영문) 춘천지방법원 2020.07.16 2019나52550
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this Court’s judgment is cited by the main sentence of Article 420 of the Civil Procedure Act, as it is, on the grounds of the first instance judgment, except for the following:

(However, the part on the joint strike C and D in the first instance judgment, which became separate and final, shall be excluded). Each "4 lines and the last line" in the fourth and last line below of the first instance judgment shall be amended to " December 16, 2019".

The "12% per annum" of 3 lines below the 10th judgment of the first instance shall be added to "15% per annum".

2. If so, the judgment of the court of first instance is justifiable in addition to the phrase “12% per annum” although the rate of delay damages from the day immediately following the date of the judgment of the court of first instance is determined as “15% per annum.”

Since the plaintiff did not appeal and only the defendant appealed, it is impossible to change disadvantage to the defendant in accordance with the principle of prohibition of disadvantageous change, and thus, the defendant's appeal is dismissed.

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