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(영문) 대구지방법원 2020.06.17 2019나313907
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following dismissal or addition, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

(except for the part against Co-Defendant C of the first instance trial), which is dismissed or added on February 2, 200, the part " according to the records" of No. 9 of the second instance judgment is deemed as " according to the respective descriptions of No. 1 through 4 (including paper numbers; hereinafter the same shall apply) and the overall purport of oral arguments."

From the second half of the judgment of the first instance to the second half of the judgment, the part "D" to the next one are as follows:

It is insufficient to recognize that D ordered the removal of the instant house only with the descriptions and images of evidence Nos. 3, 4, and 6, and there is no other evidence to prove this otherwise, the above assertion by the defendant is without merit. The following is added to the third, 10th, following the third, 10th, of the first instance judgment of "No. 3

“C. Accordingly, the Defendant is obligated to pay damages for delay calculated by the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 27, 2018 to July 9, 2019, the date following the day on which the copy of the complaint of this case was served on the Plaintiff, to the Defendant, to the extent of the Defendant’s obligation to perform.”

3. In conclusion, the plaintiff's claim against the defendant should be accepted within the extent of the above recognition, and the remainder should be dismissed as there is no reasonable ground.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

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