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(영문) 서울고등법원 2017.08.25 2017나2003992

정산금

Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Quotation of judgment of the first instance;

A. The reasons why the court stated in this case are followed by the judgment of the first instance;

C. It is identical to the judgment of the first instance court except for the amendments as to the defendant's argument as stated in the following Paragraph 2, and the decision of the court on the defendant's argument is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Part 1) The amendment of the first instance court’s “Es Savings Bank” is both replaced by “Korea KIKO Savings Bank”. 2) The first instance court’s “No. 33” of the first instance court’s “No. 133,” and the six first instance judgment’s “No. 124” of the second instance judgment is respectively replaced by “124,” respectively.

3) According to the first instance court's first instance court's first instance court's first instance court's first instance court's second instance's second instance's "the second instance special purpose company of the second instance's second instance's second instance's "the second instance company of the second instance's second instance's "the second instance company of the second instance's "the second instance company of the second instance's trade name was Samsung Mutual Savings Bank at the time" and "the second instance company was Samsung Mutual Savings Bank at the time" and the second instance's second instance's "after the first instance court's first instance's first instance court's first instance's first instance court's first instance's first instance's first instance's first instance's first instance's first instance's first instance's 17 billion won loans to B at that time (hereinafter "the second second instance of the second case's loans") and the second instance's second instance's second instance's second instance's second instance's second.

[Attachment] Part of the [Attachment] shall be attached.]

5) The first instance court’s judgment was just a “deduction” under the first instance court’s first instance judgment, and subsequently, the Defendant added “(on the ground of deducting money from the money in the name of the refund of the sale price and the money in the name of the attempted compensation of the agency affairs, the Defendant constituted the expenses and remuneration related to the trust agreement under Article 21(1)1 of the instant real estate security trust contract).” 6) The first instance court’s judgment changed the “resolution of the dispute points” under Article 11 of the instant real estate security trust agreement to “a summary of the parties’ arguments” and completed the same side as “A” under the second instance judgment.