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(영문) 광주고등법원 2016.08.10 2015나2385

매매대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Scope of adjudication of this court;

A. The court of first instance rendered a judgment citing the Plaintiff’s claim seeking payment equivalent to KRW 382,00,000 in total against the Defendant and C (i.e., the amount of unpaid purchase price of KRW 70,000,000 under the above transfer contract of KRW 300,000 under the above transfer and acquisition contract of KRW 12,00,000,000).

B. As to the judgment of the first instance court, both the Defendant and C have appealed, and the Plaintiff has appealed, while the appeal is pending, to seek payment of only the amount equivalent to KRW 311,370,70,00 in total among the above claims (i.e., damages claim of KRW 300,00,000 in accordance with the amount of compensation for damages). The court of the first instance prior to the remand has reduced the claim. The court of the first instance accepted the Defendant’s appeal in part with respect to the part of the Defendant in the judgment of the first instance, and determined that there are reasonable grounds for the claim of KRW 120,00,000 in the amount of compensation for damages, excluding the other claims, the part of the claim for damages and the part of the claim for wage claim corresponding to the revoked portion, and the Plaintiff has dismissed both the appeal of the first instance court, and with respect to the part of the judgment of the first instance, the appeal of the first instance shall be revoked, and all of the claims of the Plaintiff against C shall be dismissed.

C. As to the above judgment of the court prior to remand, only the defendant is dissatisfied with and appealed to the part against which the defendant lost. The Supreme Court accepted the appeal, and revoked the part against the defendant in the judgment prior to remand, and rendered a judgment remanded to this court.

Therefore, only the part against the defendant in the previous trial before remanding out of the damages claim according to the scheduled amount of damages against the defendant is the scope of the adjudication of this court.

2. Basic facts

A. D Co., Ltd. is a company established on September 8, 201 for the purpose of fire-fighting equipment construction business, fire-fighting inspection business, etc. (hereinafter “instant company”).