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(영문) 서울중앙지방법원 2020.07.21 2019나53770
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

2. The defendant shall be the plaintiff.

Reasons

1. Comprehensively taking account of each evidence evidence No. 1 and evidence No. 5, each of the facts listed in the grounds for the application in the separate sheet (Provided, That the creditor, the debtor, and the plaintiff, the defendant, and the 12th "on the way" in the parking is changed to "on the way of parking") is recognized.

Comprehensively taking account of the above facts acknowledged, the Defendant is obligated to pay to the Plaintiff the amount of KRW 832,140 and the amount of money that the Defendant raised from November 21, 2017 following the date of the last payment of the Plaintiff’s insurance money to November 21, 2017, the Defendant’s argument as to the existence and scope of the obligation of the instant performance until July 21, 2020, 5% per annum prescribed by the Civil Act and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of the full payment.

Since part of the judgment of the court of first instance is unfair to conclude a different conclusion, the part against the plaintiff falling under the above recognition scope is revoked, and the plaintiff's remaining appeal is accepted as the plaintiff's claim falling under the above revocation scope is unfair, and it is dismissed.

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