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(영문) 서울남부지방법원 2020.12.24 2019나65076
대여금 등
Text

Among the judgment of the first instance, the part against the defendant exceeding the money ordered to be paid under the above order shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is identical to the ground of the judgment of the court of first instance, except for the dismissal of the part of the third and fourth "statement of performance" under the main sentence of Article 420 of the Civil Procedure Act.

【The fact that the Defendant paid KRW 5 million to the Plaintiff after the completion of the written performance, and the fact that the Defendant paid KRW 500,000 to the Plaintiff regarding the attachment application and paid KRW 500,000 to the Plaintiff the said KRW 500,000 in relation to the instant debt is not a dispute between the parties. Ultimately, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of KRW 14 million per annum as stipulated in the Civil Act from February 2, 2019, the following day after the original copy of the instant payment order was served on the Defendant (i.e., KRW 20,000,000 - KRW 6,000) and damages for delay calculated from February 2, 2019 to December 24, 2020, the date the original copy of the instant payment order was served on the Defendant.

2. In conclusion, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed due to the lack of reasonable grounds.

In the judgment of the court of first instance, the part against the defendant ordering payment in excess of the above recognition amount is unfair, and thus, the plaintiff's claim corresponding to the revoked part is revoked, and the defendant's remaining appeal is dismissed as it is without merit. It is so decided as per Disposition.

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