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(영문) 서울고등법원 2021.01.14 2020나2022931
주식지분양도대금 청구의 소
Text

The plaintiff's appeal and the plaintiff's additional claim are all dismissed by the appellate court.

after filing an appeal.

Reasons

1. The reasons for the appellate court’s judgment citing the judgment of the court of first instance are identical to the reasons for the judgment of the court of first instance, and thus, it shall be quoted pursuant to the main sentence of Article 420

The plaintiff paid the purchase price under the preceding contract to the appellate court.

The argument is asserted.

However, along with the circumstances in the first instance trial, the following circumstances, i.e., Gap evidence Nos. 1 and 2, and Gap evidence Nos. 5 through 15, i.e., the whole purport of the pleadings, i.e., the plaintiff, despite having been related to the conclusion of the instant contract and the prior contract, did not mention the defendant's relationship with D, details of investment with D before the defendant revealed his/her relationship with D, details of investment, etc. (the progress of the instant lawsuit),

The amount claimed is not only a part of the amount claimed as the pre-contract payment, but also a part of the amount claimed as the pre-contract payment. The said money was paid before the conclusion of the pre-contract, and ③ if, as alleged by the Plaintiff, the money paid to a third party, other than the Defendant, prior to the conclusion of the pre-contract, would substitute for the pre-contract payment, the content of the pre-contractual agreement would have been stated in the pre-contract, but the content of the pre-contract would not have been stated in the pre

(4) The Defendant’s assertion that the instant contract was prepared within the meaning of cancelling the prior contract by not paying the price under the prior contract is insufficient to accept it as there is no evidence to support it (the same as the judgment of the court of first instance). However, in light of the fact that the contents of the prior contract and the contents of Articles 1 through 6 of the instant contract coincide with each other, and that the amount of the said contract is equal to that of the said contract.

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