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(영문) 대구고등법원 2020.12.10 2020나24886
기타(금전)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is identical to the ground of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 4

(1) The Defendant asserts to the effect that “The Defendant’s interest rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings should be applied after the date of the first instance judgment, since it is reasonable for the Defendant to resist the existence or scope of the obligation.” However, it is clear that the Defendant’s interest rate of 650 million won per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is the amount to be returned to the Plaintiff, and it is difficult to view that the Defendant’s objection against the existence or scope of the obligation to return is reasonable solely on the grounds that the Defendant’s objection, such as the judgment of the first instance, is the amount to be returned to the Plaintiff. Therefore, the Defendant’s appeal cannot be accepted)

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