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(영문) 서울고등법원 2018.10.10 2018나2001689

약정금지급등

Text

1. Of the judgment of the first instance court, the parts relating to Defendant (Appointeds), Appointors G, and F shall be modified as follows:

Reasons

1. The reasoning of the judgment by the court concerning this part of the underlying facts is the same as that by the first instance court from 9 to 5 pages (other than gambling) except for dismissal or addition as follows, and therefore, this part of the underlying facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] The 3th 12th 12th e.g., the judgment of the court of first instance is deemed to be “2012.”

The fourth upper end of the judgment of the court of first instance is 100 billion won and the fourth upper end of the judgment of the court of first instance is 10 billion won and 200 billion won.

2. In light of the overall purport of evidence evidence Nos. 8, 10, 11, 24, 25, and 27 evidence Nos. 2 and 3 as well as evidence Nos. 8, 10, 25, and 27 of the Plaintiff’s primary claim as to Defendant C, the Plaintiff concluded a sales contract with one company on May 13, 2014 that purchases approximately KRW 11.3 billion the first and third floors above the instant commercial building from one asset trust, and paid the down payment amount to 1.1 billion won around the date when the Plaintiff acquired the ownership of the instant commercial building; while the J concluded a sales contract with the Plaintiff on July 1, 2014 on the premise that the first and third floors below the first floor below the instant commercial building and the second and third floors below the instant 20,000 won loan agreement with the Plaintiff on July 1, 2014, it was the fact that the Plaintiff was not the party to the instant sales contract with the Defendant 2, the first and third party to the agreement.