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(영문) 서울고등법원 2013. 1. 23. 선고 2011나95962 판결
[어음금][미간행]
Plaintiff and appellant

Dongyang Securities Co., Ltd. (Bae, Kim & Lee LLC, Attorneys Im-eng et al., Counsel for the defendant-appellant)

The Intervenor joining the Plaintiff

The list of supplementary intervenors shall be as shown in the attached list.

Defendant, Appellant

Hanil Construction Co., Ltd. (Law Firm LLC, Attorney Cho Il-young, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

August 22, 2012

The first instance judgment

Seoul Central District Court Decision 2010Kahap134986 Decided October 27, 2011

Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to participation by the Intervenor is assessed against the Plaintiff, and the remainder is assessed against the Plaintiff.

Purport of claim and appeal

The judgment of the first instance is revoked. The defendant shall pay to the plaintiff 20 billion won and 2 billion won among them, the amount calculated by the rate of 20% per annum from September 3, 2010 to November 5, 2010 to the day of complete payment from the day following the service date of the written application for change of claim and cause of claim as of November 5, 201 to the day of complete payment.

Reasons

1. Quotation of the first instance judgment

The reasoning of this court's decision is the same as that of the judgment of the court of first instance, and it is also accepted by the main text of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim of this case against the defendant is dismissed as it is without merit, and the judgment of the court of first instance is justified with this conclusion, and it is so decided as per Disposition by the plaintiff's appeal against the defendant.

[Attachment Omission of List of Intervenors to Support]

Judges Kim Jong-soo (Presiding Judge)

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