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(영문) 서울고등법원 2019.09.04 2018나2064536
물품대금
Text

1. Of the judgment of the court of first instance, the part concerning the net F is modified as follows.

Defendant Q Q 17,080.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to the dismissal of the corresponding part of the judgment of the court of first instance as follows. Thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

(However, the part concerning Co-Defendant B in the first instance trial, which has become separate and final, [excluding the part concerning the height thereof] / [the part concerning the Co-Defendant B] 19 in the third 19th / 3th 19th , “Defendant F” in the second 5th 5th , 17th 14, 19th 18, 19th , 20th 12, 15 through 17, and 21th , in addition to “Defendant F” in the second 5th 5th , 17th , 19th , 19th , and 5th 20.

After the fourth sentence of the judgment of the first instance court, “the Defendant” is charged to “Defendant C, D, E, and Deceased”, and the subsequent part “the Defendant” is charged to “the Defendant C, D, E, and Deceased” in addition to “the Defendant” in the fourth sentence of the first instance judgment, 15, 16, 19, 5, 15, 9, 18, and 21 “the Defendant”.

Part IV of the decision of the first instance court shall add the following:

D. The Deceased died on February 21, 2019 while the instant lawsuit was pending, and on the deceased’s spouse, Defendant Q and children, Defendant R, the deceased’s spouse, and S inherited the deceased’s claims and obligations according to their respective statutory inheritances, and taken over the instant lawsuit from the Deceased on July 18, 2019. The following is added to the fourth fourth judgment of the first instance court.

Defendant Q, R, and S (hereinafter “Defendant Q, etc.”)

The deceased’s heir is obligated to pay to the Plaintiff an amount equivalent to each share of inheritance among the oil payment obligations owed by the deceased. The first instance court’s judgment No. 9 and the first instance court’s judgment No. 11 are as follows.

“However, the facts acknowledged earlier are as follows: Gap evidence Nos. 14, 16, 26, Gap evidence Nos. 32-2, Eul evidence Nos. 2, 7, 10, and 14 (if any, the number is included), each entry including the numbers, and some testimony and arguments of the witnesses of the first instance court.

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