(영문) 서울고등법원 2016.05.27 2015나29536

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Reasons

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줄 간격

자간(%)

(영문) 서울고등법원 2016.05.27 2015나29536

양수금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation as to this case is as follows, and the Plaintiff’s new argument in the trial of the court of the first instance is as stated in the reasoning for the judgment of the court of the first instance, except for further determination as to the Plaintiff’s new argument in the following (2). As such, this is cited by the main text of

Pursuant to 10 pages 2 of the judgment of the first instance court, the "(including each number, if any)" shall be amended to "(including each number, if any,; hereinafter the same shall apply)".

The development project contract (hereinafter “instant development project contract”) shall be amended into “the contract on the development project (hereinafter “instant development project”)” (hereinafter “instant development project”) at the bottom of the two sides of the judgment of the first instance court.

The 3rd and 6th and 7th of the judgment of the first instance court (Article 3) shall be deleted, and the 5th of the lower end of the same side shall be amended (Article 3 above).

On the five pages of the decision of the first instance court, "250 million won" shall be revised to "250 million won and damages for delay."

On the six pages of the decision of the first instance court, the transferee of the credit shall revise the "assignee" as "assignee."

The entry of the evidence No. 9 of the first instance court's six pages shall be amended to "the entry of the evidence No. 9 of the first instance court and the testimony of the witness K of the first instance court".

The 6th 10th 10th 10th 1st 1st 1st 1st 1st 6th 6th 6th 1st 1st 1st 1st 1st 1st 1st 1st 2

2. Additional determination

A. The gist of the Plaintiff’s assertion was that the instant contract was rescinded due to the reasons attributable to the Nonparty Company.

Even if the development project of this case was promoted, the non-party company and the Defendants were closely related to the development project of this case, and unilaterally impose liability for the non-party company without the development project of this case on the non-party company is unreasonable, the whole contract deposit paid by the non-party company to the Defendants is 50

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-민사소송법 제420조

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