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(영문) 서울고등법원 2018.02.02 2017나2038370

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant makes an additional determination as to the matters alleged in the court of first instance as stated in the following “2. Additional Determination”, and thus, it shall be cited as it is in accordance with the main sentence of Article

2. Additional determination

A. The gist of the Defendant’s assertion is that the Defendant written on the deceased H, and the Plaintiff is not the right holder of each of the instant orders.

B. Determination does not specify the other party in each of the instant agreements.

However, even according to the Defendant’s assertion, each of the instant agreements was prepared and rendered in the space where the Plaintiff and the deceased H together, and even based on the content of the instant agreements, it is reasonable to view that the party to the payment of the agreed amount is the Plaintiff, who is the subject of the cancellation of the instant collective security, as the payment of KRW 930 million is made on the condition of termination of the instant collective security, and the remaining amount of KRW 930 million is paid.

The defendant's above assertion is not accepted.

3. Thus, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remainder shall be dismissed due to the lack of reasonable grounds.

The judgment of the court of first instance is just in conclusion, and thus, the defendant's appeal is dismissed.