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(영문) 광주고등법원 (전주) 2018.06.28 2017나12016

추심금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for admitting the judgment of the court of first instance are as follows: (a) the reasons for admitting the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for adding the following contents to the assertion or evidence submitted by this court:

◎ 제1심 판결 3쪽 16줄 뒷부분에 다음 내용을 추가한다.

Meanwhile, according to the statements in Gap evidence 5-1 through 5, the defendant corporation B (hereinafter "B") on May 31, 2014.

() The fact that the Defendant entered into a contract to purchase machinery and equipment, inventory reagents, etc. from the Plaintiff, and entered into a final agreement to pay KRW 953,511,277 to B on July 25, 2014 through a series of consultations thereafter, and notarized the agreement. However, even according to such agreement, it is difficult to deem that the Defendant is liable for the payment of profit dividends for the sales proceeds, even if the Defendant is liable for the sales proceeds under the sales contract to B. Furthermore, according to the overall purport of evidence Nos. 3-1 and 7, and evidence Nos. 4-1 and 4-4, the Defendant may recognize the fact that the above sales proceeds were paid by July 25, 2014, prior to receiving a collection order. Accordingly, the aforementioned notarized fact is insufficient to prove the existence of the agreement of this case.

2. In conclusion, the judgment of the court of first instance dismissing the Plaintiff’s claim for the collection of profits dividends on the premise that the existence of the agreement of this case exists, and thus, the Plaintiff’s appeal is dismissed as it is without merit.