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(영문) 서울중앙지방법원 2016.04.01 2015나48763

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 court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following "the amended part" as stated in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The co-defendant A in the first instance trial part, which was used, has become final and conclusive as the judgment of the first instance court, so the “Defendant A” in the judgment of the first instance court, “Defendant A”, “Defendant A” and “Defendant B” respectively, shall be written in the judgment of the first instance, “A” and “Defendant B”, respectively.

The 5th 19th 19th 19th 1 of the judgment of the first instance court "the real estate of this case" shall be built in the house of this case.

Part 7 of the first instance court's decision "(1,728,178,082) of the secured obligation of the right to collateral security against the motion compromise(1,728,178,082)" is "(1,728,178,000 won out of the secured obligation of the right to collateral security against the motion compromise(439,70,000 won)."

"A evidence of 13, A evidence of 14, Eul evidence of 5-1 through 6, Eul evidence of 5-7, Eul evidence of 8-1, 2, Eul evidence of 13-1 through 3, Eul evidence of 14-1 through 3, Eul evidence of 15, Eul evidence of 17-1, 2, and 18-1, 2 of Eul evidence of 27, Eul evidence of 28-1 through 28, Eul evidence of 29-1 through 5, 15-1, 31-1, 30-1, 31-1, 30-1, 31-1 of the first evidence of 14 and 17."

(b)the following shall be added to the next 21th sentence of the first instance court:

The defendant asserted that the remaining amount after paying the secured debt of the building of the Seodaemun-gu and the right to collateral security established on the house of this case is merely 82,856,793 won, and the defendant cannot receive the above 300,000 won from A. Thus, the above money should not be included in the defendant's active property according to the property division agreement of this case. However, in the property division agreement of this case, any condition exists for A's duty to pay the above 300,000,000 won.