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(영문) 서울고등법원 2018.10.25 2018나2035392

추심금

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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 grounds for the court’s explanation concerning this case are as follows, since the records Nos. 3 through 5 are the same as the records No. 11 of the first instance judgment, except for the part that is modified or deleted as follows, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

Defendant E shall be changed to “Defendant E”, “Defendant E” to “Defendant”, “Defendant E” to “Defendant E”, “Defendant E” to “Defendant A”, and “Defendant D” to “D”.

The part of the judgment of the first instance shall be deleted from the 3rd page to the 5th page of the same 4th page.

The part of the first instance judgment No. 4, No. 17, and No. 18 of the first instance judgment, “No dispute exists between the plaintiff and Defendant D, and between Defendant E,” shall be deleted.

The part of the 5th judgment of the first instance shall be deleted from the 5th judgment to the 6th judgment.

On the 5th page of the first instance judgment, “The obligation to deliver the real estate of Defendant E and the occurrence of the obligation to pay the collection money of Defendant D” shall be changed to “the occurrence of the obligation to deliver the real estate of Defendant E”.

In the first instance judgment, the part of the first instance judgment, 5, Paragraph 11, stating that the defendant D is obligated to pay the collection amount of this case to the plaintiffs is deleted.

2. In conclusion, the plaintiffs' claim of this case should be accepted on the grounds of the reasons.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.