logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2019.04.10 2018나24593
매매대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for the court’s explanation of the facts and the parties’ assertion are as stated in each corresponding part of the grounds of the judgment of the court of first instance (paragraphs 1 and 2). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. In full view of the following facts and circumstances, it is reasonable to view that the period during which the remainder claim equivalent to the instant reservation amount was due was due on November 1, 2017, when the second instance judgment was rendered, based on the evidence presented prior to the arrival of the due date for the claim corresponding to the instant reservation amount, as well as the evidence set forth in the evidence set forth in Articles 6 and 7, and the evidence set forth in Articles 9-1 and 9-2 as follows.

① The payment agreement of this case between the plaintiffs and the defendant is paid according to the provisional execution of the judgment of the court of first instance, and since the appellate court is in progress, the payment agreement of this case is paid according to the provisional execution of the judgment of the court of first instance, if the amount to be paid D is reduced than the agreed amount after the date of the agreement, it shall be paid at the reduced amount, and if there is any amount to be returned out

Paragraph (c) of Paragraph (1) of Article 1, and in addition, if there is an appellate judgment before the payment date of the balance, the balance shall be paid by reflecting it.

If the amount to be paid to D is reduced than the agreed amount, the defendant shall pay the difference in the reserved amount and the amount to be refunded from D pursuant to Article 1 (c) to the plaintiffs, where the amount to be paid to D is reduced after the judgment

(2) The Defendant drafted the instant agreement between D and D on the same date as the date of the preparation of the instant agreement, and the Defendant attempted to change the time difference between the provisional payment payment amount to the “time when the appellate court rendered a final and conclusive judgment” in the course of the preparation of the said agreement.

arrow