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(영문) 대구고등법원 2017.01.26 2016나1534

약정금

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 for the court’s explanation of this case is as stated in the reasoning of the first instance court’s judgment (the Defendant part) except for the dismissal of some of the judgment of the first instance as follows. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In Part 3, the "informing the defendant of the password of the passbook" in Part 4 shall be deemed to be "inform the defendant of the ID and password, etc. of the above securities account necessary for the purchase and sale of shares."

Part 4 (Exclusion from Part 6 of the Table) states " January 25, 2007" as " January 26, 2007" in Part 2 (Exclusion from Part 4).

Part 4 (Exclusion from Part 6) "No. 3, 2007" in Part 5 (Exclusion from Part 4) is changed to " November 13, 2007".

Part 5, Paragraph 9 of this Court's order is "the first instance order".

No. 6, 3,00,000 won, “650,000,000 won” of the first 6th 3th , is regarded as “65,000,000 won.”

Under the 6th page, the “total amount of KRW 85 million” of the third class is equal to the “total amount of KRW 75,332,582 at the time”.

2. In conclusion, the plaintiff's claim against the defendant shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as without merit. Since the part of the judgment of the court of first instance is justified with this conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.