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(영문) 서울고등법원 2016.02.05 2015나2034435

지분양도대금청구

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment, except for partial revision as follows.

A. “Evidence 4 through 18 (including those with a serial number; hereinafter the same shall apply)” of the 7 and 8th line at the bottom of the judgment of the court of first instance shall be amended with “Evidence 1, 6, 8, 17, 18, 16, 18, and 16.”

On 4th 12th 12th 12th 12th s. “No. 1, 2, 7, and 13” is “B-1, 2, and 13,” respectively, and “the above-mentioned facts alone” at the bottom of the same 5th 4th 2th 1st 1st 2th 3th 2th 2th 2th 2th 2th 2th 3th 20.”

Section 1 of the first instance court's five pages of the first instance court's decision

A. As stated in Paragraph 1, “No. 3” in the same page 7 as “No. 3 and 26”, “instant contract” in the same page 12 and 13 as “instant transfer contract”, and “the Plaintiff” in the same page 16 as “the Defendant” respectively. The “No. 6 pages 1 of the first instance judgment by April 29, 2014” was written “No. 11 of the same page,” and “No. 11 of the same Table.”

7 pages 7 of the judgment of the first instance court is amended to “the witness F’s testimony” as “the statement of evidence No. 26 and witness F’s testimony.”

On the 8th of the first instance judgment, the phrase “this fact alone” is deemed to read “this fact and evidence No. 23,” and the phrase “written evidence Nos. 20, 24” in the 8th sentence is deemed to read “each entry in evidence No. 20, 24,” and the phrase “Settlement Agreement of Settlement before October 28, 2014” in the 9th sentence in the same 9th sentence is deemed to read “Settlement Agreement before October 28, 2014,” respectively.

The “Agreement on October 28, 2014” in the 10th sentence of the first instance court shall be amended to the “Agreement on Settlement of Accounts of October 28, 2014” in the 10th sentence.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are groundless.