양도대금 등
1. The defendant's appeal is dismissed.
2. The defendant bears the total costs of the lawsuit after the filing of the appeal.
purport, purport, and.
1. The plaintiff filed a claim against the defendant for the amount stated in the purport of the claim. ① Payment of KRW 60,000,000 and damages for delay on the claim for share transfer, ② Payment of KRW 6,50,000 and damages for delay on the claim for indemnity following the subrogation for the loan obligation. The court of first instance rendered a judgment citing the plaintiff's claim in whole.
The Defendant appealed against this and appealed (the Defendant appealed only to the claim for share transfer price) and the lower court prior to remand dismissed the Plaintiff’s claim for share transfer price, and rendered a judgment citing the claim for indemnity due to the subrogation of the loan obligation.
With respect to the above judgment before remand, only the plaintiff appealed. The Supreme Court accepted the plaintiff's appeal and rendered a judgment that reversed and remanded the part against the plaintiff in the judgment before remand.
Therefore, the plaintiff's claim for reimbursement was confirmed as it is and excluded from the scope of this court's trial, and only the plaintiff's claim for the transfer price of shares is subject to the judgment of this court.
2. If a written complaint or an original copy of a judgment regarding the legitimacy of a subsequent appeal was served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file a subsequent appeal within two weeks after the cause ceases to exist (within 30 days if the cause ceases to exist in a foreign country at the time when the cause ceases to exist).
In this article, the term "when the cause has terminated" means the time when the party or legal representative becomes aware of the fact that the judgment was rendered, and further the fact that the judgment was served by means of service by public notice is known.
In this case, the complaint of this case and the original copy of the judgment shall be made.