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(영문) 서울고등법원 2015.09.25 2015나2008771

재매입대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 108,885,396 as well as to November 2014.

Reasons

1. The reasoning for the court’s explanation of this case is as follows: (a) modification of Article 2-C and (d) of the reasoning for the judgment of the court of first instance as set forth in the following sub-paragraph (2); and (b) addition of the judgment as set forth in the following sub-paragraph (3) to the reasoning for the judgment of the court of first instance, it is identical to the ground for the judgment of the court of first instance

2. The changed part

C. Meanwhile, the Plaintiff received dividends of KRW 50,00,00 as a mortgagee on April 3, 2014 from the voluntary auction procedure (Sacheon Branch Branch of Daejeon District Court) for the real estate owned by A, a joint guarantor of the instant lease contract, and received dividends of KRW 29,523,245 as a mortgagee on April 30, 2014 from the voluntary auction procedure (Sasan Branch of the Daejeon District Court) for the real estate owned by C, a joint guarantor of the instant lease contract, as a joint guarantor of the instant lease contract, in the order of the parties, or the overall pleadings in the evidence Nos. 2 and 4. The Plaintiff may be acknowledged as having no particular dispute between the parties, and the purport of the entire pleadings in the order of the evidence Nos. 34,00,000,000,000,000,000,000,000,000 won as principal and interest 30,017,208.

188,278,298, 201, 205, 2014-414-4425 2018, 205, 209, 209, 205, 209, 2014-414-425, 207, 182, 182, 182, 397, 675 2182,897, 675, 2014-4-4 2014-43029, 240, 245, 305, 240, 245, 140, 750, 756, 784, 756, 756, 784, 7584-4, 205, 204-14, 205, 305, 2014-47

D. Therefore, the defendant is liable to the plaintiff for the re-purchase price under the re-purchase agreement of this case as 108,885.