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(영문) 서울고등법원 2018.04.26 2016나2070568
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

(1) The Defendants jointly and severally provide 750,494,436 won, 2).

Reasons

1. The reasoning for this part of this Court’s reasoning is as follows, and this part of the reasoning for the judgment of the court of first instance is the same as that for “1. Basic Facts” and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the court of first instance, the "Attachment 2" in the 9th of the judgment of the court of first instance shall be added to "Attachment 1".

Of the judgment of the court of first instance, the "Attachment 5" in the 9th sentence shall be added to "Attachment 4."

2. The reasoning for the judgment on the claim for damages arising from the delay in the performance of the obligation to transfer ownership is as stated in the part concerning the “claim for damages arising from the delay in the performance of the obligation to transfer ownership registration” in the judgment of the court of first instance, except for the cases being used or added as follows. Therefore, it is acceptable as it is in accordance with the main sentence of Article 420

The following shall be added to the Schedules 16 to 11 of the Decision of the first instance.

In particular, pursuant to Article 2(1) of the Agreement of this case and Article 9(1) through (3) of the Multilateral Sales Contracts of this case and Article 13(1) (Special Agreement for Guarantee of Loss), Defendant two Industries agreed to compensate the Defendants for all damages, losses, and all expenses incurred in relation to the Defendants’ breach of contract. Of the judgment of the first instance court, the part of Chapters 3 through 5 of the Decision of the first instance is as follows.

“A) The above basic facts (1-)

B. As examined in paragraph (2) of this Article, Defendant Korea Asset Trust is obligated to deliver all documents necessary for the registration of ownership transfer with respect to the said real estate to the Plaintiff when it received the full payment of the purchase price, etc. from the Plaintiff in accordance with the instant sales contract.

The following shall be added to the judgment of the first instance court of the 19th 3 and the 4th 19th 19th 3 and the 4th 4th 3th 4th : “The defendant’s Korean Asset Trust provides the consent of the defendant’s two industries and cases around December 24, 2013 at the time of the first application for ownership transfer registration (B).

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