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(영문) 대구지방법원 2017. 1. 25. 선고 2016나308089 제4민사부 판결
약정금
Cases

2016Na308089 Agreements

Plaintiff, Appellant

A

Defendant, appellant and appellant

B Regional Housing Association

Judgment of the first instance court

Daegu District Court Decision 2016Da111079 Decided August 16, 2016

Conclusion of Pleadings

December 21, 2016

Imposition of Judgment

January 25, 2017

Text

1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. The appeal costs (including the application costs for the return of provisional payments) shall be borne by the Defendant.

Purport of claim, purport of appeal, and purport of request for the return of provisional payment

1. Purport of claim

The defendant shall pay to the plaintiff 17,60,000 won with 15% interest per annum from April 15, 2016 to the day of complete payment.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

3. Purport of request for the return of provisional payments

The plaintiff shall pay to the defendant 18,59,241 won and the amount equivalent to 5% per annum from November 1, 2016 to the date of a final judgment, and 15% per annum from the next day to the date of full payment.

Reasons

The reasoning of the court's reasoning concerning this case is as follows, except where the defendant's assertion is insufficient to recognize, the part of the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable to accept this as it is in accordance with the main

Therefore, the judgment of the court of first instance is legitimate, and both the defendant's appeal and the request for return of provisional payment are dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Nam-dae et al.

decoration of judge creation;

Mobilization of judges in writing

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