(영문) 서울고등법원 2015.02.10 2014나6260 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.02.10 2014나6260

권리금등 반환

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the part which is dismissed or added as stated in paragraph (2) below, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “25 million won per month” in Section 7 of Part 3 of the Decision of the Court of First Instance 7 of the Court of First Instance shall be deemed to read “18 million won per month” and the phrase “10 million won” in Part 8 of the same Chapter shall be deemed to read “12 million won”.

Section 15 of the 7th decision of the first instance court "the invalidation" is followed as follows.

The following is added to the 7th judgment of the first instance court of invalidation in violation of Article 385(2) of the Civil Procedure Act, which was made by the Defendants, a lessor, appointed at will the representative of the Plaintiffs, a lessee, to the protocol prior to filing a lawsuit in 2007 and 2009.

The plaintiffs asserted that since the amount of premiums was not indicated in each of the instant protocol of conciliation prior to the instant lawsuit, it cannot be deemed that the subject matter of lawsuit was specified, and thus, res judicata cannot be recognized in each of the instant protocol of conciliation prior to the instant lawsuit. However, as seen above, the amount of premiums paid by the plaintiffs to the Defendants is not more than KRW 200 million paid at the time of concluding the lease agreement in 2006, and thus, the subject matter of lawsuit was not specified

The plaintiffs' assertion on this part is without merit because it cannot be viewed that there is no res judicata in each of the above conciliation protocol prior to the filing of the lawsuit.

3. In conclusion, the plaintiffs' claims against the defendants are dismissed without merit. The judgment of the court of first instance is just in conclusion, and all appeals against the defendants are dismissed. It is so decided as per Disposition by the assent of all.

참조조문

-민사소송법 제385조 제2항

-민사소송법 제420조

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