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(영문) 서울북부지방법원 2020.12.17 2020나30925
약정금
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, and thus cites this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(Evidence No. 9 and 10 submitted by the first instance court to this court. After the closing of the party proceedings, the Defendant submitted a preparatory document stating that “the Plaintiff was paid KRW 9,130,000,000 as well as KRW 17,070,00,00 which was recognized by the first instance court due to partial repayment of the share transfer price pursuant to the share transfer agreement of this case, and KRW 9,130,000,000, respectively, from R,” but it is difficult to believe that each statement of evidence No. 9, 10,000, which was presented by the Defendant at the party proceedings, is consistent with the above argument presented by the Defendant. As such, the first instance court’s findings and determination are justifiable, and all appeals against the Defendant’s principal lawsuit and counterclaim of this case are dismissed as it is so decided as per Disposition.

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