logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.30 2018나2064086
양수금반환 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

In the first instance trial of this court, the plaintiff filed a claim for the same merits as the statement in the claim column of the principal lawsuit, and the defendant filed a counterclaim, such as the statement in the claim column of the counterclaim, while the lawsuit in question is pending.

The first instance court accepted part of the Plaintiff’s claim on the principal lawsuit, dismissed the Defendant’s claim on the counterclaim, and only the Defendant appealed on the part against the Defendant (citing Plaintiff’s claim on the principal lawsuit) and the part dismissing the counterclaim.

Therefore, the scope of the judgment of this court is limited to the part against the defendant among the principal claim and the counterclaim claim.

The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows, and the judgment of this court on the argument that the defendant emphasizes or adds in the trial is added to the judgment of the court of first instance (excluding, however, the part on the co-defendant of the court of first instance, which was separately determined, and the part on the claim for compensation for unjust enrichment against the defendant among the claim for a principal lawsuit which was not appealed, and the part on the claim for compensation for unjust enrichment against the defendant among the claims for a principal lawsuit which was not appealed, which

In Part 3, the "Defendant Company" and the "Defendant Company" in Part 15 are all divided into "Co-Defendant of the first instance trial".

In Part 3, "Defendant C" and "Defendant C" in Part 19 shall be applied both to "Defendant" and "Defendant C."

Part 8 11 through 12 "The following facts or circumstances that may be known by integrating the following facts or circumstances" shall be followed by "the following facts or circumstances":

Part 8, "The m of duty-free benefits" in Part 20 shall be applied to "tax-free benefits".

The summary of the Defendant’s assertion is that the Plaintiff entered into the instant contract with the co-defendant in the first instance trial and actually takes over the instant factory, such as paying down payment and the second intermediate payment, which constitutes “after the transfer of the instant factory facilities, etc. has been completed” under the latter part of Article 9(2) of the instant contract.

arrow