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(영문) 부산지방법원 2020.06.10 2018나62386
매매대금
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. The judgment of the court of first instance is justifiable even if the Plaintiff’s citing the judgment of the court of first instance was examined based on the newly submitted evidence, taking into account the allegations and reasons supplemented in the trial.

Therefore, the reasons for the judgment of this court are as follows, except for the dismissal or addition as follows, and the addition of the judgment under Paragraph 2, and therefore, it is identical to the reasons for the judgment of the court of first instance.

Under the fourth sentence of the judgment of the court of first instance, “The cooperative of this case has paid the installment payments, interest, etc. of the cooperative contributions of this case to the cooperative of this case” among the 5 and 6th sentence of the judgment of the court of first instance shall be 207,058,068 won in total, including the installment payments, interest, etc. of the cooperative contributions of this case by April 29,

Under the same page, the term “a claim for indemnity amount equivalent to the cooperative contributions (213,116,400)” in the fourth part of the fourth part is “a claim for indemnity amount equivalent to the aforementioned contributions.” The term “80,000 basic membership fees” in the sixth part of the sixth part of the judgment of the court of first instance is “80,000 basic membership fees,” “a payment” in the 10th part of the 10th part of the 10th part, “a payment shall be made,” “a payment shall be made,” “a payment shall be made,” “a payment shall be made,” “a payment shall be made,” and “division shall be made.”

“At the end of April 29, 2020, the cooperative paid the total of KRW 207,058,068, including the installment payments and interest, etc. of the cooperative contributions in this case, starting from the respective installment payments, until April 29, 2020.

Each of the grounds for appeal Nos. 6 and 20 of the first instance judgment’s written evidence No. 7 added “A’s evidence No. 7” to the following:

2. The Defendant asserts that, around July 20, 2016, A, the representative director of A, and the Defendant agreed to exempt A from the remaining purchase and sale amount of KRW 200 million instead of taking over the obligation to pay the association contributions of this case.

However, the evidence presented by the defendant alone is insufficient to acknowledge the fact that there was an agreement on exemption, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed.

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