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(영문) 대구고등법원 2008. 7. 16. 선고 2008나413 판결

[공탁이행등청구][미간행]

Plaintiff and appellant

Macco Construction (Law Firm Macco, Attorney Park Sung-chul, Counsel for the plaintiff-appellant)

Defendant, Appellant

Defendant (Law Firm Sejong, Attorneys Jeon Dong-dong et al., Counsel for the defendant-appellant)

Conclusion of Pleadings

June 18, 2008

The first instance judgment

Daegu District Court Decision 2007Gahap9119 Decided December 4, 2007

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 shall be revoked. The defendant shall deposit with the Daegu District Court the amount of KRW 2.75 billion received from the same Daegu Agricultural Cooperative according to the order of seizure and collection of claims under the Daegu District Court 2007TTTT 3964, and shall report the reasons therefor.

Reasons

The reason why this court is used is the same as that of the first instance judgment, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the first instance court is just, and the plaintiff's appeal is dismissed as it is without merit.

Judges Hwang Han-sik (Presiding Judge)