약정금
1. Of the judgment of the court of first instance against the defendant, including a claim extended in the trial prior to remand and a participation in succession.
1. The case is subject to the adjudication of this court after the process of the lawsuit and its re-return;
A. 1) The Plaintiffs filed a lawsuit against the first Defendant seeking payment of the agreed amount pursuant to the payment agreement of capital gains tax on behalf of the Plaintiff. The Plaintiffs are co-defendant C of the first instance trial (hereinafter “C”).
The Defendant’s liability for damages arising from the tort also asserted as the claim. The first instance court rendered a judgment in favor of the Defendant to the effect that the Defendant’s liability under the instant agreement is recognized as the Defendant’s claim. The Defendant appealed to that effect, “The Defendant shall pay KRW 200 million to the Plaintiffs,” and the Plaintiffs shall additionally add part of the damages for delay, while the Intervenor succeeded to this part on the ground that the succeeding intervenor acquired part of the claim as provided in the first instance judgment. The judgment prior to the remanded the case, the lower court rendered a judgment to the effect that “The Defendant shall be liable pursuant to the instant agreement, as in the judgment of the first instance, with the judgment of the first instance, shall be determined to the effect that “the Defendant shall be liable for the extension of the Plaintiff’s claim and the succession participation in the first instance judgment.” The Defendant rendered a judgment to the Plaintiffs each of KRW 140 million,000,000,000 and each of them shall be paid at the rate of 20% per annum from July 22, 2011.”
3) As to this, only the Defendant filed an appeal, and the judgment of the Defendant’s appeal. However, the purport of the appeal states that “the part against the Defendant among the judgment of the lower court is revoked. All of the claims of the Plaintiffs and successors is dismissed.” The judgment of the remanded the entire judgment accepted the Defendant’s appeal on the ground that the instant agreement is not effective to the Defendant, and reversed and remanded the entire judgment before remanded. 4) The judgment of the second transmission is identical to the judgment of the