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(영문) 서울고등법원 2019.12.12 2019나2028032
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. With respect to this part of the basic facts, the reasoning of this court is as follows, and it is identical to the part of “1. Basic Facts” (Articles 6 through 7, 5) of the judgment of the court of first instance, except for the written appeal as follows. Thus, this part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The portion of the judgment of the court of first instance shall be filled with "D" in Part 5 of the judgment of the court of first instance as "D".

Part 3 of the judgment of the first instance court, Part 17 "A" shall be added to "Plaintiff".

In the fourth sentence of the first instance judgment, "Collection KRW 2.8 billion" shall be charged with "Collection KRW 2.8 billion per annum from November 28, 2013 to January 27, 2014, and 20% per annum from the next day to the date of full payment."

The 5th to 6th of the first instance judgment “Plaintiff” shall be deemed to be “Defendant”, and the 6th of the same face “Plaintiff” shall be deemed to be “Defendant”.

Each "A" of the six pages 1 and 2 of the judgment of the first instance shall be applied to "A".

Part 6 of the judgment of the first instance shall be "Attorney Fees, etc." in Part 3. Part 6. Part 7 of the judgment of the first instance shall be "the plaintiff shall be "the defendant". Part 6. Part 7 of the judgment of the first instance shall be "the Seoul Central District Court or the damages for delay" in the part 6. Part 6. part 17 through 21 of the judgment of the first instance shall be "the Seoul Central District Court or the damages for delay" in the part 17 through 21 of the first judgment, "the damages for delay" shall be 5% per annum from November 28, 2013 to January 27, 2014, and 20% per annum from the following day to the date of full payment, and the damages for delay shall be calculated at the rate of 20% per annum from the next day to the date of full payment, and the damages for delay shall be collected pursuant to the claims seizure and collection order of the Daejeon District Court." Part 2 of the first instance judgment shall be "the plaintiff".

The following shall be added between the 7th and 4th of the first instance judgment:

F. The defendant granting the succeeding execution clause is to enforce compulsory execution against the plaintiff as a successor of F on the basis of the final judgment of the above assignment of claims.

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