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(영문) 서울고등법원 2016.10.14.선고 2016나2038953 판결

사업비등청구의소

Cases

2016Na2038953 Action for Costs of Project

Plaintiff Appellant

UNS Industry Co., Ltd.

Defendant Elives

1. Asian Trust Company;

2. A gold industry stock company;

The first instance judgment

Seoul Central District Court Decision 2015Kahap546904 Decided May 25, 2016

Conclusion of Pleadings

September 28, 2016

Imposition of Judgment

oly 10, 2016

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance is revoked. Defendant Asian Trust Co., Ltd. shall pay to the Plaintiff the amount of KRW 2,855,242,938 and the amount calculated by the rate of 15% per annum from the day following the delivery of the copy of the claim and the application for modification of the claim of this case to the day of full payment. Defendant Gold Industry Co., Ltd. shall express its intent to accept the payment of the said amount to the Plaintiff.

Reasons

The reasoning of the court's explanation concerning this case is the same as that of the judgment of the court of first instance, and thus, this court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure

Therefore, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed.

Judges

The presiding judge, appointed judge

Judges Dokwon Line

Judges Lee Jin-hee

심급 사건
-서울중앙지방법원 2016.5.25.선고 2015가합546904