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(영문) 수원지방법원 2020.12.17 2020나62419
매매대금반환
Text

The part against Defendant D, which exceeds the amount ordered under the judgment of the first instance, shall be revoked, and such revocation shall be revoked.

Reasons

1. The reasoning for this case by the court of first instance is as stated in paragraphs 1 through 3 of the reasoning of the judgment of the court of first instance, except for the addition as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added to the 7th page of the first instance judgment:

[3] Therefore, Defendant B is obligated to dispute the existence and scope of the Defendants’ obligations from March 28, 2019 to February 18, 2020, to pay damages for delay calculated at the rate of 12% per annum as stipulated in the Civil Act, from March 28, 2019 to March 27, 2019, and April 23, 2019, when the Plaintiff sought the return of each of the above amounts (Defendant B: Defendant C: March 28, 2019; Defendant C: March 27, 2019; and Defendant D: April 23, 2019).

The Plaintiff claimed against Defendant D for the payment of “Defendant D’s KRW 10,00,00 and damages for delay calculated at the rate of 15% per annum from the day following the delivery of a copy of the instant complaint to the day of full payment.” However, the first instance court erred by stating the part on damages for delay in the claim as “12%” and rendered a judgment in favor of the Plaintiff in full. Since the Plaintiff’s claim is partially dismissed, it constitutes a case where Defendant D’s dispute over the existence or scope of the obligation until the date of the first instance judgment.

(See Supreme Court Decision 99Da20155 delivered on February 25, 2000, see Supreme Court Decision 99Da20155).

2. Accordingly, the plaintiff's claim against the defendants is accepted within the scope of the above recognition and the remaining claims are dismissed as without merit. Since the part between the plaintiff, the defendant, and the defendant C in the judgment of the court of first instance is justified with the conclusion, the plaintiff's appeal is dismissed as it is without merit. The plaintiff and the defendant D in the judgment of the court of first instance are part of the conclusion.

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