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(영문) 부산고등법원 2020.04.29 2019나56602
양수금
Text

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 reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for cases where the corresponding part of the judgment of the first instance is used or added as set forth in paragraph (2) below, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On No. 3, 12, 3, 3, 3, 4, 4, 4, 5, 5, 5, 5, 5, 5, 5, 1, 1, 1, 1,

A. On the 4th sentence of the first instance judgment and the 13th sentence of the 13th sentence, the remaining 480,560,190 won (=569,563,832 won - 89,003,642 won) calculated by deducting the aggregate of 89,03,642 won from the amount that the Defendant is liable to pay pursuant to paragraph (3) of the instant conciliation protocol, among the plaintiffs of the previous lawsuit, 384,448,152 won (480,560,190 x 24/30 x 24/50) and 80,00,00 won, 134,448,152 won, and the defendant paid the above money to the plaintiff, 5th sentence of the 185th sentence, 5th sentence of the 5th judgment, 5th sentence of the 5th sentence, 5th sentence of the 5th sentence, 565th sentence of the 5th sentence ", 565th sentence".

A. Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be construed as “Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 1 and Article 2(2) of the Addenda to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

3. The decision of the court of first instance is justified, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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