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(영문) 춘천지방법원강릉지원 2015.04.21 2014나2126
정산금
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 for the court’s explanation on this part is as stated in the reasoning of the judgment of the court of first instance, except for the addition or modification as follows, and this part of the facts is identical to the entry “1. Recognizing the facts of recognition” under the main sentence of Article 420 of the Civil Procedure Act. The following is added between 3. 11 and 3. 12 of the judgment of the court of first instance. On October 17, 2012, the Defendant: (a) delegated the authority to purchase the said land by the Plaintiff as described in the foregoing “A through E”; and (b) by deceiving the Plaintiff, received KRW 2.3 million from the Plaintiff; and (c) obtained financial benefits equivalent to the difference between the actual purchase price and the purchase price; and (d) on May 15, 2013, the Defendant convicted the Plaintiff of the total amount of imprisonment with prison labor for six months and one-year suspended sentence.

In addition, the above judgment was dismissed on September 10, 2013 by the same court 2013No210, and on December 12, 2013, Supreme Court Decision 2013Do1841 Decided December 12, 2013, which became final and conclusive as it is.

(hereinafter referred to as “related criminal case”. On the other hand, 3 pages 12 of the judgment of the first instance court and 3rd of the Plaintiff are added to the following:

On November 26, 2010, the Plaintiff completed the registration of ownership transfer with respect to the above land C in its name. The Plaintiff added “No. 2-1” and “No. 4-1” to “No. 2-1” in the first instance judgment (based on recognition).

The items of “f” which begin from 3th of the judgment of the first instance court shall be amended to “g”.

2. Determination

A. The reasoning for the court’s explanation on this part is as follows: (a) it is identical to the statement of “2. Judgment” in the judgment of the first instance except for the addition or supplementary determination as set forth in the following sub-paragraph (b) and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. A summary of the argument for further determination.

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