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(영문) 대구지방법원 2020.05.14 2019나321458
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's Daegu District Court racing support for the plaintiff.

Reasons

1. The reasoning of this part of the judgment of the court is as stated in Paragraph (1) of the judgment of the court of first instance, except where the court deems “2018 around August 24, 2018” as stated in Paragraph (a) of Article 1 of the grounds of the judgment of the court of first instance (No. 3 of the judgment of the court of first instance) as “201 August 24, 2018.” Thus, this part is cited as it is in accordance with

2. The reasoning of the lower court’s assertion based on the grounds that occurred prior to the closing of argument in the preceding final judgment is as stated in Articles 2 through 3 (Article 2(3) of the grounds of the first instance judgment (Article 420 of the Civil Procedure Act). As such, the reasoning of the lower court is as follows.

3. The assertion of performance after the closing of argument in the preceding final judgment

A. The Plaintiff’s father C additionally repaid KRW 500,000 to the Defendant and partly extinguished the claim for judgment in the previous final judgment.

B. The fact that the Defendant received KRW 500,000 as part of the repayment of the judgment amount in the previous final and conclusive judgment through the above C on November 11, 2019, which was after the closing of argument in the previous final and conclusive judgment, is no dispute between the parties.

On the other hand, since the above amount of repayment is insufficient to extinguish the entire amount of the judgment bond of the previous final and conclusive judgment, it is necessary to pay damages for delay in accordance with Article 479 of the Civil Code in the order of damages for delay and the principal, and the result of the appropriation is as shown in

In other words, among the above 500,000 won, ① KRW 282,739 out of the above 500,000 won is appropriated to the damages for delay calculated at the annual rate of 15% from December 3, 2018 to November 11, 2019, and ② the remainder KRW 217,261 out of the judgment amount of the preceding final and conclusive judgment is appropriated to the amount equivalent to KRW 217,261 out of the principal amount of KRW 2,00,000,000, the claim of the preceding final and conclusive judgment remains to the remainder of the principal amount of KRW 1,782,739 and the damages for delay calculated at the annual rate of KRW 15% from November 12, 2019 to the date of full payment.

C. Accordingly, the defendant's judgment against the plaintiff has become final and conclusive.

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