logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.11.27 2015나51956
현금보관금 등
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 court of first instance, except for the parts added or used in addition to the following paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used for adding and cutting;

A. The part of the third 16th 16th 1 of the judgment of the court of first instance (hereinafter referred to as the “FFR”) shall be applied “(hereinafter referred to as “FFFFA”)”.

(b) Forms 4 and 5-3 of the first instance judgment shall be written in the following manner:

“In light of the above facts, the Defendant agreed to pay the instant remuneration to the Plaintiff within two weeks from the date of authorization on the change of the management and disposal plan for the housing redevelopment project, and according to the overall purport of the statement and pleadings, it can be acknowledged that the amendment of the above management and disposal plan was made on October 23, 2014. As such, the Defendant’s payment of KRW 10 million to the Plaintiff at the time of January 13, 2014 shall be deemed that the payment period for the instant remuneration claim has not yet arrived. In addition, with respect to the assertion that the obligor paid the amount to be paid to the Plaintiff as the payment of specific debt, if the obligee asserts that it was appropriated for the repayment of other debt, the obligee shall assert that there was an agreement on the repayment of other debt or that there was a priority in legal appropriation (see Supreme Court Decisions 9Da1433, Dec. 10, 199; 9Da14433, Dec. 10, 199).

(c) The fifth decision of the court of the first instance is accepted.

arrow