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(영문) 서울고등법원 2019.02.12 2018나2048138
정산금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Defendant’s grounds for appeal cited in the judgment of the court of first instance do not differ significantly from the allegations in the court of first instance. In particular, the Defendant asserts in the court of first instance that “(i) claims for the settlement of funds sought by the Plaintiffs are merely claims for money, and the amount of the agreement in this case cannot be subject to the right of repurchase because the Plaintiffs are not owners of the instant agreed money,” and even if partnership property is mixed with the Defendant’s general property, it is merely general rehabilitation claims, so long as it has lost its specificity with the Defendant’s general property, and thus, the Defendant was exempted from the obligation to report it in the rehabilitation procedure (which is not different from the allegations in the court of first instance to the effect that the instant agreed money is not subject to the right of repurchase), and ② The obligation for the settlement of funds has not yet arrived

The fact-finding and judgment of the first instance court are recognized as legitimate even if the evidence presented by the defendant to this court is presented to the court.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, except where the two to three acts are used from the 10th of the judgment of the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is cited by the main text of Article 420

An abbreviationd name established in the first instance judgment shall also be used as it is.

[3] The defendant does not have a duty to distribute the agreement amount of this case because the legal dispute between E, which is the sewage supplier of the construction of this case, and E, has not yet been closed, and the due date for payment has not yet arrived until the defendant settled the money paid or to be paid. If the defendant distributes the agreement amount to the plaintiff of the party branch in preliminary order, the defendant's expenses incurred in relation to the construction of this case (the unpaid contributions to the plaintiffs of this case and the local attorney fees and expenses incurred by the Malaysia.

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