(영문) 서울중앙지방법원 2020.07.24 2019나52883

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.07.24 2019나52883

양수금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance cited by applying the main text of Article 420 of the Civil Procedure Act, as it is the same as the reasoning of the judgment of the court of first instance except for the following additional or written statements.

The following shall be added to the judgment of the first instance court No. 6(2)-A(2):

“(3) The Defendant asserts to the effect that, during the period from October 14, 2014 when the dividend in question was deposited to the extent of November 11, 2019, the performance of the obligation is delayed without the Defendant’s intention or negligence, and thus, the Defendant cannot pay damages for the period of delay. The Defendant’s assertion is unacceptable. The Defendant’s assertion is without merit as follows: (a) if the obligor did not perform the obligation in accordance with the substance of the established obligation in the claim for damages due to nonperformance; (b) the obligor is not liable for damages if the obligor did not act intentionally or negligently; (c) the commencement of the auction procedure in question, which is the premise of the lawsuit of demurrer to the distribution in this case, follows the failure of the Defendant to properly repay the principal and interest of the loan in this case; and (d) the Defendant’s failure to perform the obligation as the premise of the lawsuit of demurrer to the distribution in this case may not be deemed as having any intention or negligence by the Defendant; and (d) whether damages for delay in its nature as liquidated damages as follows. The Defendant’s argument cannot be accepted.

(5) Meanwhile, even if the Defendant had an objection to a lawsuit of demurrer against the distribution at the time when the repayment of the deposited dividend became effective, this part of the judgment of the Supreme Court, which was rendered earlier, shall be deemed to have been resolved after the final judgment of the Supreme Court. (6) The rate of delay damages agreed between the Plaintiff and the Defendant shall be the scope of the interest

참조조문

-민사소송법 제420조

유사 판례

-서울중앙지방법원 2020.7.24. 선고 2019나52883 판결

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-인천지방법원 2019.11.07 2019나53061

-대전고등법원 2019.10.31 2019누11130

-대구고등법원 2015.06.12 2014누6723