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Of the judgment of the court of first instance, the part against the plaintiff against the defendant C, which orders payment below.
Reasons
1. The reasoning of the judgment of the court of first instance concerning this case is as follows: ① additional evidence submitted in the court of first instance, which is insufficient to recognize the Plaintiff’s assertion that Defendant B conspired to commit deception by Defendant C, or prevented the act of deception by Defendant C, which is insufficient to recognize the Plaintiff’s assertion; ② the pertinent part is the same as the part of the judgment of the court of first instance except for the completion of the relevant part as stated in paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. As follows, the part of the judgment of the court of first instance written shall be written in accordance with paragraphs 6.2 and 3 of the judgment of the court of first instance, and the attached Form of the judgment of the court of first instance shall be written in the attached Form of the judgment of the court of first instance.
【2) Meanwhile, the Plaintiff’s 1-D from Defendant C.
As seen earlier, the supply price of the part of the claim stated in the separate sheet shall be repaid to the Plaintiff’s damage claim as stated in the calculation table of the amount appropriated for the attached sheet, and the damages for delay shall remain at KRW 56,293,570, if appropriated for the payment to the Plaintiff’s damage claim (the damages for delay shall be incurred from January 29, 2016, which is the final date of the supply to H, and even after the delivery of the copy of the complaint in this case, the interest rate for each change shall be 5% per annum as stipulated in the Civil Act). Accordingly, as regards KRW 56,293,570, which is the part cited in the judgment of the first instance, and KRW 49,534,406, which is the part cited by the Defendant in the final judgment of the first instance, from July 16, 2019, which is the date following the date of the final repayment.
With respect to 5% per annum under the Civil Act and 6,759,164 won (=56,293,570 won - 49,534,406 won), which is recognized as the date of the first instance judgment, from July 16, 2019 to February 6, 2020, it is reasonable for Defendant C to dispute as to the existence and scope of its performance obligation.
Until January 22, 2021, which is the date of the adjudication of the trial court recognized, 5% per annum under the Civil Code, and 5% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.