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(영문) 서울고등법원 2016.06.10 2011나105258
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this part of the basic facts is as stated in Paragraph 1 of the judgment of the court of first instance, and this part of the basic facts is accepted by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1) The Defendant, with the Plaintiff’s efforts, recovered or preserved the inheritance shares in the instant land in accordance with the instant agreement. However, inasmuch as the Defendant arbitrarily reversed the instant agreement by the Defendant’s notification on August 31, 2007, the Defendant is liable to compensate the Plaintiff for damages amounting to KRW 1,305,778,472 (i.e., KRW 1,865,397,818 x 70%) equivalent to the market value of the instant inherited property that is deemed recovered pursuant to paragraph (5) of the instant agreement (i.e., KRW 1,865,397,818).

Even if the defendant explicitly refused the implementation of the above agreement, so the defendant is obligated to compensate the same amount as compensation in lieu of the performance of the contract to the plaintiff.

(3) If the instant agreement still remains valid, and the Defendant did not express its intent to refuse performance, the Defendant is obligated to transfer to the Plaintiff 84/1320 shares equivalent to 70% of the inherited shares recovered by the Defendant out of the instant land pursuant to Article 4 of the instant agreement (Article 2 preliminary claim) (4) If the instant agreement is divided into “a favorable pricing agreement” and “a delegation of appointment of an attorney and an agreement on advance payment of expenses,” the remaining portion excluding this is valid.

The Plaintiff paid all the costs of lawsuit, including attorney fees, on behalf of the Defendant in advance in accordance with the effective pre-payment agreement under the first sentence of paragraph (1) of the instant agreement. As such, the Defendant is obligated to pay the Plaintiff the sum of the costs of attorney fees, etc. paid in advance by the Plaintiff (the specific details are the same as the details of the claim for expenses in attached Form 1) as the agreed amount or indemnity.

No. 3.

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