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(영문) 서울고등법원 2019.04.19 2018나2047036
정산금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The part that cites the judgment of the court of first instance

A. Of the judgment of the court of first instance, the part of “No. 2 of April 2, 2012” with the fourth following the fourth instance judgment “No. 3, 2012.”

B. Of the judgment of the first instance, the 7th 12 and 13th 7th 12 and 13th 13th “the Defendant paid 100 million won to T and released the provisional seizure.” In the event of the cancellation of the above provisional seizure, not only KRW 30 million paid from the Defendant as an emergency civil construction cost around April 30, 2013, but also KRW 20 million on April 20, 2015;

5. 7.5.6 million won, the sum of KRW 10,395,660 on June 26, 2016, and KRW 89,995,660 on July 5, 201 (= KRW 10,395,660 on KRW 20 million) was paid.

“”

C. Of the judgment of the court of first instance, the nine to seven parts of the nine to seven shall be liable to the Plaintiff for payment of KRW 1 billion and its delay damages, which the Plaintiff seeks as an express claim, among KRW 1,578,69,060 of the settlement amount of accounts, to the Plaintiff.

“”

D. Of the judgment of the court of first instance, the part of “17,950,968” in each of “17,950,958” in the items of “calculated 14-16 of the 14-16 table and “amount excluded from deduction.”

E. Of the judgment of the court of first instance, the phrase “amount excluded from deduction” in the part “41,017,508” in the part “41,017,508” in the part “411,017,498” in the part “411,01,017,498” in the said case is indicated as follows. The part that is obvious that it is a mistake or clerical error in the judgment of first instance and the part that requires revision following the Plaintiff’s assertion are as follows. The judgment of the Plaintiff’s assertion that is particularly emphasized by this court as the reasons for appeal is added to paragraph (2) below. Of the judgment of first instance, the part that falls under the part

B. 2) (3) and 17-10 et al. 3

B. 3) In lieu of deletion of the part of paragraph 3, the review result of this Court shall be arranged and, except as described below, the reasoning of the judgment of the court of first instance shall be stated (However, this Court excludes damages that are not subject to claim following the reduction of claims, and therefore, this part shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Grounds for appeal:

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