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(영문) 광주고등법원 2016.10.12 2015나10737
대여금 등
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff jointly and severally claimed 416,400,000 won as loans to the Defendants, and damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the instant complaint to the day of full payment. The court of first instance shall accept part of the Plaintiff’s claim and have Defendant B, Defendant C Co., Ltd (hereinafter “C”), jointly and severally with Defendant B, KRW 302,40,000 out of the above money, and each of the above money, were served with the Defendants on December 6, 2013.

From January 22, 2015 to January 22, 2015, the order was issued to pay damages for delay calculated at each rate of 6% per annum and 20% per annum from the following day to the date of full payment. The judgment of the first instance court dismissed the remainder of the Plaintiff’s claims against the Defendants.

B. As to the judgment of the court of first instance, the Defendants appealed and appealed against the entire part against the Defendants as stated in the purport of appeal, and the Plaintiff has the purport of incidental appeal.

Of the parts against the plaintiff as described in paragraph (1), 114,00,000 won jointly and severally with defendant C, and 6% per annum from December 6, 2013 to the date of the final judgment, and 20% per annum from the next day to the date of full payment and incidental appeal.

As described in paragraph (1), the Defendants jointly and severally filed an incidental appeal against the part (the part expanding the claim at the trial) seeking the payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment.

C. Therefore, among the judgment of the court of first instance, the part against the plaintiff within the amount of objection, the part against the defendant, and the claim extended in the trial of the court of first instance is the scope of the judgment of this court.

2. Basic facts

A. Defendant B was the married couple on August 13, 1992, who was the Plaintiff’s female mother, and the married couple on August 13, 1992, but D was the Defendant B.

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