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(영문) 서울고등법원 2016.06.17 2015나2005765

수익금지급청구권확인

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is the same as the reasoning of the judgment of the court of first instance, except for the cases of dismissal or addition as set forth below. Therefore, it is decided to cite it as it is in accordance with the main sentence of Article 420 of the

2. Of the reasons in the judgment of the court of first instance, the part 3 pages 12 to 13 [the part 3] among the reasons in the judgment of the court of first instance, the part 3 Myeon 12-13 Myeon 13 Myeon 27.5 Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun 27.5 Gun Gun Gun Gun Gun Gun Gun Gun Gun 26 December 2006. relation to the project in this case, the Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun 8 to 10

2. The parties' assertion

A. The gist of the plaintiffs' assertion 1) It is clear that at the time of entering into a contract in light of the content of the data generated in the process up until the conclusion of the contract in this case and the behavior of the parties, etc., the plaintiffs and the intent of the defendant Corporation shall be that the defendant Corporation paid the plaintiffs a profit for seven years from the commencement date of the production of the amba mine. The plaintiffs merely set the period of existence of the plaintiffs on September 18, 2018 on a provisional basis, taking into account seven years from the commencement date of the production of the ambato mine in this case. Article 2.21, which defines the meaning of the "unlimited period" among the ambato transaction contract in this case, is merely a verifying provision that the plaintiffs would pay a profit naturally during the existence period, taking into account the characteristics of the so-called "company-type fund" in this case. Further, the part of the plaintiffs' profit transaction in this case until September 18, 2018.