(영문) 서울고등법원 2019.06.13 2018나2050070

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.06.13 2018나2050070

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except where the defendant is required to dismiss some of the contents and added judgment as to the defendant's new argument to the court of first instance as set forth in paragraph 2, the remaining part of the grounds of the judgment except the part concerning co-defendant C (Articles 4 through 7, 3 through 5, 5, 14 through 19) of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the part of the judgment of the court of first instance, "Defendant B" in the 2th, 12, 16, 17, 3, 6, 7, 9, 10, 12, 14, 19, 20, 21, 4, 9, 12, 14, 16, 18, 20, 21, 5, 3, 4, 7, 8, 10, and 18 of the judgment of the court of first instance all "Defendant B".

On the second page of the judgment of the court of first instance, "Defendant C" in Part 17 shall be deemed to be "Codefendant C of the court of first instance."

2. The defendant asserts to the effect that there is no fact that the court entered into the instant agreement with the plaintiff, and that the plaintiff shall also bear the damages that have not been paid as a result of the joint subscription to the instant agreement with the defendant. However, the existence of the instant agreement can be recognized in full view of the aforementioned evidence and the purport of the entire pleadings, and it is difficult to find any other evidence to deem that the plaintiff made a joint subscription to the instant agreement with the defendant.

The defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.

The judgment of the court of first instance is justifiable in its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

참조조문

-민사소송법 제420조

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