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(영문) 서울고등법원 2019.08.21 2018나2070265

매매대금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, as set forth in paragraph (2) below, some of the reasons for the first instance judgment shall be dismissed or added, and the decision on the matters at this court as set forth in paragraph (3) below shall be supplemented.

2. Each “C” of the 3rd, 9th, 10th, and 6th, 4th, written or added parts of the judgment of the first instance shall be applied to “Plaintiff”.

In the fourth instance of the first instance judgment, the following five statements are added to “A evidence 12” and “J’s testimony as witness of the first instance trial.”

The following shall be added at the fifth and fifth end of the first instance judgment:

“On the other hand, the Defendant asserts that the above purchase price is not 3.7 billion won but 2.8 billion won. However, the Defendant’s relevant criminal judgment against J (Seoul Central District Court Decision 2015Da1210, Nov. 22, 2016; Seoul High Court Decision 2016No3778, Jul. 13, 2017; Supreme Court Decision 2017Do12641, Nov. 9, 2017; hereinafter referred to as “related criminal judgment”).

() There is no other evidence to deem the above purchase price as KRW 2.8 billion in the case, and there is no other evidence to deem otherwise. 6 pages 8 of the first instance judgment of 1.5. The phrase “A evidence 12, 13, 14, and 17” shall be read as “each statement in evidence A 2, 3, 4, 12, 13, 14, and 17,” and the part of “the Plaintiff” in the following 7-4, and “the Plaintiff” in the following 7-4, up to seven times from October 4, 2011 to December 4, 2015, the Defendant sent to the Defendant a certificate of demand for the payment of the purchase price under the instant sales contract, and the Defendant did not seek for the payment of the purchase price to the Plaintiff on January 12, 2012 and December 16, 2015.