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(영문) 서울고등법원 2018.11.06 2018나2024347

매매대금반환

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following “the part of additional judgment”.

2. The Defendant asserts the following grounds for appeal: (i) performance of the duty of disclosure; (ii) absence of the duty of disclosure; (iii) completion of contractual obligation under the “actual condition”; (iv) absence of contingent obligation; (v) absence of damage; and (vi) expiration of extinctive

In this regard, ①, ②, ④, ⑤ the Defendant’s assertion constitutes a denial of the cause of the principal claim, and the first instance court recognized the cause of the principal claim by making a decision on it, and rejected the assertion corresponding to the defense.

(3) The argument that the appellate court raised by the defendant in the first instance court, but it seems that the judgment was not clearly stated in the text of the first instance judgment. (A) The additional decision is made only on the assertion that the damage was not incurred due to the defendant's claim for return of unjust enrichment against H or the acquisition of claim for damages due to tort.

Defendant’s assertion 1) On the letter of undertaking of this case E (former trade name is “D”

The purpose of the sale and purchase of shares issued is to transfer shares, "as soon as it is," which is similar to the sale and purchase contract for specific goods.

Therefore, the defendant shall deliver the shares issued in E to the plaintiff as at the time of the preparation of the above letter of undertaking to fully perform the contractual obligations, and shall not be held liable for damages for any ex post facto reasons, such as the occurrence of contingent obligations

2 Notwithstanding H’s credit execution, if F still holds the above loan claim against H because the instant loan claim against F was not extinguished and the F still holds the above loan claim against H, this is deemed null and void in the enforcement of H’s claim. Therefore, E is the same amount as the above loan claim against H.