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(영문) 서울고등법원 2018.11.08 2018나2011037
투자금 등 반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below (citing the plaintiff's claim).

Reasons

1. In the first instance trial, the Plaintiff: (a) requested the Defendant to distribute the profits generated in relation to the land in this case; (b) loaned loans as expenses for construction of the building in this case; and (c) requested expenses incurred in managing the site of the building in this case under the delegation by the Defendant; and (e) requested expenses incurred in managing the construction site of the building in this case.

The first instance court sentenced the defendant to accept the above part of the claim for distribution of profits, and the second instance court dismissed the part of the claim for loans, and ③ the part of the claim for administrative expenses.

Accordingly, since the defendant filed an appeal against the part of the judgment of the court of first instance which accepted the plaintiff's claim (the above part of the claim No. 1), the subject of the judgment of this court is limited.

2. The reasoning of the judgment of the court of first instance (such as law, judicial precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and judgment on issues) is sufficient to cite some of the reasons of the judgment of the court of first instance, based on the litigation materials and arguments submitted to the appellate court by the partial acceptance of the judgment of the court of first instance.

The reasons for this Court concerning this case are as follows: (a) a comprehensive determination as to the parts used or deleted as set forth in paragraphs (3) and (4) and an additional determination as to the matters alleged by the Defendant as the reasons for appeal, as set forth in paragraph (5). As such, the reasoning of the judgment of the first instance is identical to that of the part of the reasons for appeal; (b) a summary is included

Any clerical error that does not affect the text of a judgment shall not be corrected.

3. (a) Part 5 pages 4 of the fifth page “Partial repayment of proceeds, loans, and expenses incurred in processing affairs from the Defendant” has been made by the Defendant “Partial repayment of proceeds from the Defendant.”

(b) in Part 10, paragraph 13, “other than joint expenditure” is deleted.

(c) by striking 10 up to 7 pages 14 up to 11.

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