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(영문) 서울고등법원 2017.10.19 2017나2014985
구상금 등
Text

1. The plaintiff's appeal and the claims added by this court to the defendant B are all dismissed.

2. Appeal;

Reasons

1. The reasoning of the judgment of the first instance is as follows, except for the Plaintiff’s claim to Defendant B, including the claim added by this court, and the reasoning of the judgment of the first instance is as stated in the reasoning of the judgment, and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure

Of the text of the judgment of the first instance, “Defendant F” was committed by both Codefendant F of the first instance trial and “Defendant F” to “Defendant B, C, D, E and Codefendant F of the first instance trial.”

5 See [Based on Recognition] 5 Sheet No. 1] Sheet “(the plaintiff asserts that it was forged, but no evidence exists to acknowledge it).”

6. The 6th parallel to 18 parallels shall be deleted.

7The last part of the 6th parallel shall be added as follows:

The plaintiff alleged that "the above five million won was repaid as part of the loan to defendant B, and the above 35 million won was paid as N land price in e.g., the above 35 million won. However, each of the statements of No. 1-8 and No. 20 are insufficient to recognize it, and there is no other evidence to acknowledge it, the plaintiff's above assertion was made from 7th to 13th as follows."

Defendant B asserts to the effect that the Plaintiff’s claim for the purchase price of the Plaintiff’s land would be offset against the Plaintiff’s claim for reimbursement of KRW 11,00,000 against the Plaintiff, inasmuch as Defendant B’s claim for design service was not paid by the Plaintiff but paid KRW 11,00,00 to T on behalf of the Plaintiff. However, it is not sufficient to acknowledge that Defendant B has the claim for reimbursement against the Plaintiff by paying the design service cost on behalf of the Plaintiff, and there is no other evidence to acknowledge otherwise. The above assertion is rejected as follows from the 9th page “from the following table.”

As indicated below, the final purchaser of the N land is the defendant B, however, the amount of KRW 45 million against the co-defendant F of the first instance trial.

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