beta
(영문) 서울고등법원 2017.11.09 2017나2024500

양수금

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 cited the same reasoning as the reasoning of the judgment of the court of first instance, except for the indictment or addition of the judgment of the court of first instance as follows, and thus, it is cited in accordance with the main sentence of Article 420

[Supplementary or added parts] 4 pages [based grounds for recognition] include “each description of evidence A 29, 36, 37, 46.”

The defendant of the 5th three parallels "the defendant" shall be deemed to be "the defendant of the plaintiff," and the 5th five parallels "the compensation for delay" shall be deemed to be "the payment".

6 The following shall be added to the 17th page:

“The Defendant, while knowing that the Plaintiff is the hostile Corporation, made a tender with only a cost statement that is lower than the market price and with the knowledge that the Plaintiff was the hostile Corporation. As such, the Plaintiff asserted that there was no difference between the Plaintiff’s provision of the cost statement and the Plaintiff’s provision of the cost statement. However, it cannot be deemed that the amount of the cost statement provided by the Plaintiff was erroneous on the ground of the aforementioned circumstances asserted by the Defendant.

Defendant’s assertion is without merit.

(i) add “each entry in evidence of heading B 14 to 17” to the 8 pages of evidence.

2. Conclusion, the first instance judgment is justifiable.

The defendant's appeal is dismissed. It is so decided as per Disposition.