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(영문) 서울고등법원 2016.06.09 2015나2047653

약정금

Text

1. Of the judgment of the court of first instance, the plaintiff against the defendant C who is equivalent to the amount ordered to be paid below.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance other than the following "paragraph 2". Thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Part 7 of the 7th judgment of the court of first instance (“3) The Defendant Company stated “in the auction procedure of this case” as “in the auction procedure of this case after the agreement of this case, the Defendant Company”.

(b) the 5th sentence of the first instance court decision was affixed with the phrase “a sealed” and the address of the Defendant Company is indicated only in the name of the head office (Seoul Nowon-gu P).

C. Part 6 of the first instance court's first instance court's 10th trial decision " alone is the same as "the above-mentioned facts, all the evidence submitted by the plaintiff to the trial, and the circumstances of its assertion". D.

The part of the 11th judgment of the first instance court, "the plaintiff and the defendant company" in the 3th judgment, "the defendant company, separate from the auction of this case (JJ) and agreed that "the defendant company, while I was unaware of the fact that he applied for compulsory auction to the appellate court M in the above case, is between the plaintiff and the plaintiff."

E. Article 12 of the first instance court's decision No. 7 provides that "the defendant company" was "the defendant company which received the above auction object directly after the agreement of this case where I did not know that at the time of the agreement of this case, I applied for a compulsory auction separate from the auction of this case."

(f)the following shall be added between the 12th sentence and the 11th sentence:

The plaintiff, at the time of the agreement of this case, shall be deducted from the above KRW 150,00,000, which is stipulated by the "paragraph (b) of Article 2.B" of the agreement of this case only when the defendant Company received dividends from the auction of this case.