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(영문) 대구지방법원 2018.08.22 2018나301419
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used by the court of first instance as set forth in the following paragraph (2). Thus, it is acceptable as it is

2. On the 5th page of the judgment of the court of first instance, the part which was accepted shall be as follows from the 6th to the 5th page of the judgment of the court of first instance.

“Around August 30, 2014, the due date for repayment of A is obligated to pay damages for delay from January 23, 2015, the day following the final date of repayment sought by the Plaintiff. Therefore, the Plaintiff’s claim is accepted within the scope of the above recognition, and the remainder of the claims are dismissed as they are without merit. It is so decided as per Disposition.”

3. Therefore, the plaintiff's claim against the defendants shall be accepted within the extent of the above recognition and the remaining claims shall be dismissed as without merit. The part of the judgment of the court of first instance which dismissed part of the plaintiff's claim for damages for delay is unfair with different conclusions. However, as long as only the defendants appealed against the judgment of the court of first instance, the judgment of the court of first instance cannot be modified disadvantageously to the defendants. Thus, all appeals by the defendants shall be dismissed. It

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