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(영문) 서울동부지방법원 2019.08.23 2018나3764
편취금
Text

1. Of the judgment of the court of first instance, the defendant shall be charged to the plaintiff A with KRW 29,60,000, and the plaintiff B with KRW 20,000,000 and each of the above amounts.

Reasons

1. Recognizing the facts of recognition, determination of the cause of claim, and determination of the defendant's defense, this part of the court's reasoning is the same as that of each corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 42

2. In conclusion, the defendant is obligated to pay the plaintiff A 29,600,000 won with compensation for damages caused by the tort (=49,600,000 won with unjust enrichment - 20,000,000 won with unjust enrichment - 35,000,000 won with unjust enrichment - 15,000 won with unjust enrichment - 15,000,000 won with unjust enrichment) and 20,000 won with respect to each of the above money to the plaintiff B as a tort after the date of the tort as claimed by the plaintiffs since March 22, 2018 to the extent that it is reasonable for the defendant to dispute about the existence and scope of the obligation to perform from March 22, 2018 to October 11, 2018, and damages for delay calculated by 15% per annum under the Civil Act with respect to the promotion, etc. of the lawsuit from the next day to the date of full payment.

Therefore, the plaintiffs' claims of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed due to the lack of reasonable grounds.

The judgment of the court of first instance accepted the defendant's defense against set-off and partly dismissed the plaintiffs' claim, but ordered the defendant to pay damages for delay at 15% per annum from March 22, 2018 to March 22, 2018 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Since the part of the judgment of the court of first instance against the defendant ordering payment in excess of the recognized amount of the above damages for delay is unfair, the plaintiffs' claim corresponding to the revoked portion is dismissed, and the remaining appeal of the defendant

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