추심금
The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
costs of lawsuit after an appeal are filed.
1. The reasoning of the court's explanation concerning this case is as follows, and the court's explanation is identical to the part of the reasoning of the judgment of the court of first instance, except for addition of the judgment as to the third preliminary claim added by the plaintiff in the trial, which is viewed in Paragraph 2. Thus, this court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In the 7th judgment of the first instance court, "Insufficient" shall be deemed to be "Insufficient".
The following shall be added to the 7th page 14:
“The Plaintiff asserts that the Defendant’s confession of the fact of transfer of business (acquisition) was void. However, the confession is limited to the fact that the confession, which is a party’s unfavorable statement against the principal facts, is constituted, and the legal judgment or evaluation of these facts is not subject to confession (see Supreme Court Decision 2008Da93384, Apr. 9, 2009). Moreover, the statement that recognizes the legal relationship or legal effect, which is the premise of a subject matter of lawsuit, is the so-called right confession, is not bound by the court, nor can it be freely withdrawn without the consent of the other party (see Supreme Court Decision 2007Da87061, Mar. 27, 2008). Meanwhile, in a lawsuit involving prior determination of ownership, the statement that the Defendant admitted the Plaintiff’s assertion can be seen as a confession of the fact that constitutes the substance of ownership, which constitutes the subject matter of lawsuit, but this is not likely to be subject to a dispute as to the outcome of the legal theory on the facts.