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(영문) 서울남부지방법원 2015.07.09 2014나12039

손해배상(기)

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. In addition to adding the following judgments, the reasoning of this Court concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the fourth decision of the first instance court, the following judgments shall be added after the fourth decision.

The Defendants asserted that the Plaintiff did not agree to receive KRW 5 million from the Defendants in addition to the instant deposit at the time of the agreement, since the Plaintiff did not know the fact that the instant deposit was deposited, it is insufficient to acknowledge the Plaintiff’s statement in the evidence No. 14 as to whether the instant deposit was made without knowing the deposit at the time of the agreement. Rather, the Plaintiff’s statement in the evidence No. 2 through 4 (including the number of evidence No. 4) and No. 6 in the evidence No. 2 and No. 536 in the entire pleadings, namely, the circumstance that the Defendants deposited the instant deposit with the Plaintiff as the principal deposit, and the Plaintiff was served a notice of deposit (Evidence No. 3-1) that the said amount was deposited with the court, and Defendant B filed a lawsuit against the Plaintiff to transfer the provisional registration under the name of the Plaintiff and D (Seoul Southern District Court 201dan2563, hereinafter “the Plaintiff’s claim for the instant provisional registration against the Plaintiff, including the Plaintiff’s obligation to cancel the instant deposit.”).