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(영문) 대전지방법원 2020.10.16 2019나112111
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The first instance court shall be determined by the reduction of the request in the trial.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for partial revision as follows. Thus, the reasoning of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second part of the judgment of the court of first instance is changed to “Evidence A 1, 2-1, 2-2” of the second part of the judgment of the court of first instance to “Evidence A 1 through 5-2.”

By November 14, 2018, the second part of the judgment of the court of first instance is “B” until April 2018, 2018.

From May 1, 2018, “from May 1, 2018, the second to 10 parallels from May 15, 2018,” the part shall be revised from November 15, 2018 to “from May 15, 2018.”

The following shall be added to the second 16th judgment of the first instance.

“(In full view of the evidence and the purport of the entire argument as seen earlier, the Plaintiff promised to repay the borrowed amount as soon as possible and received a reduction of the borrowed amount from D. On the premise of this, the Plaintiff and the Defendant determined the allotted amount as prescribed by the evidence Nos. 1 and 3, and the Defendant did not comply with the Defendant’s promise of repayment, and eventually, it appears that the Plaintiff would have paid the entire remainder of the borrowed amount without a reduction from D).”

2. If so, the judgment of the court of first instance, which concluded as the result of the reduction of claim in the trial, is justifiable, and the defendant's appeal is dismissed as it is without merit.

However, the decision of the court of first instance is delivered in accordance with the decision of the court of first instance since it was modified in accordance with the decision of the court of first instance by reduction of claims in the party.

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