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(영문) 서울고등법원 2020.12.03 2020나2013432

청구이의

Text

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

On January 2, 2018, the Seoul Northern District Court against the Defendants’ Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for dismissal or addition or deletion as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 4th page 9 of the first instance judgment "debtor" shall be deemed to be "Plaintiff".

The Court of First Instance 4, 13, 5, 8, 9, 6, and 2, each of the "this Court", shall be "Seoul Northern District Court".

In the event that the plaintiffs do not comply with the above order after receiving the above order, they pay to the defendants the amount of KRW 2,727,272 per day of the violation.

4. The amount of indirect compulsory performance (as to the application for indirect compulsory performance) shall be determined in 100,000 won per day of the violation in consideration of various circumstances, such as the possibility of the violation of the provisional disposition decision of this case, the degree of damage suffered by the Defendants due to the violation, the circumstances leading to the decision of provisional disposition of this case, etc.

(Request for indirect compulsory performance exceeding this is dismissed). On the fifth letter box of the first instance judgment, the following shall be added to the last box of the first instance judgment:

On September 4, 2020, the Plaintiff Union paid a total of KRW 17 million to the Defendants’ attorney-at-law moving-out as the repayment of indirect compulsory performance pursuant to the instant decision of indirect compulsory performance.”

On September 4, 2020, the lower court held that “The deposit was made” as follows. “ Even if the obligation to pay indirect compulsory performance under the instant execution clause was KRW 66 million recognized by the court of first instance, the Defendants paid an additional amount of KRW 17 million on September 4, 2020.”

The execution clause of this case is referred to as the "indirect compulsory performance decision of this case" in the first instance court's 6th, 5th, 7th, 4th, 8th and 16th below.

In the sixth judgment of the first instance, the execution clause of this case shall be deleted in accordance with the second judgment of the court of first instance.

The judgment of the court of first instance.