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(영문) 서울고등법원 2015.04.09 2014나46718
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. In addition to the amendment of “ May 14, 2013” of the 13th sentence of the judgment of the first instance to “ May 24, 2013,” the part concerning the basic fact is identical to the description in the first instance judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. Article 2-A of the first instance judgment, except for partial revision as follows.

Since it is the same as the statement in the paragraph, it is accepted by the main text of Article 420 of the Civil Procedure Act.

The 3th to 19th of the judgment of the first instance shall be amended as follows:

“B The amount of the claim against C when the Plaintiff’s application for the flag of the Plaintiff’s claim is filed with C is claimed to be KRW 562,709,368 (the Defendant claimed to KRW 563,709,368), but it appears to be erroneous.

) Not only KRW 383,166,785. Moreover, the construction cost unpaid to C is KRW 264 billion as follows. In other words, the Defendant and C confirmed the construction cost on August 18, 2014 as KRW 600 million and, among them, KRW 18 billion (including KRW 30 million repaid on April 11, 2014, KRW 20 million, KRW 9 billion paid on May 13, 2014, KRW 160 million paid on August 16, 2014, KRW 168 billion paid on September 11, 2014, KRW 300,000 paid on August 60, 2014, KRW 160,000 paid on September 18, 2014, KRW 160,000,000 paid on August 16, 2013 to the Plaintiff (including KRW 68 billion paid on September 16, 2013).

In addition, in the case of G, at the time of drafting the written agreement on April 8, 2014, the Plaintiff agreed to withdraw the said KRW 57 million among the instant lawsuits, and thus, the Plaintiff’s claim amounting to KRW 57 million among the instant lawsuits is unlawful.

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