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(영문) 서울고등법원 2019.06.13 2018나2049520
공탁금 출급청구권 확인의 소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons why the court accepted the judgment of the court of first instance are as follows, and the reasons for the judgment of the court of first instance are as follows, except for the addition of Paragraph 2 of the judgment on the assertion emphasized by the plaintiff in this court

(The main text of Article 420 of the Civil Procedure Act). The part of “Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) Co., Ltd. B (hereinafter “Defendant”)” (hereinafter “Defendant B”) in the judgment of the first instance is to be “Defendant V”; the part of “Defendant B” in the third lower judgment (hereinafter “Defendant B”) to “Defendant V”; and the part of “Defendant B” in the third lower judgment to “Defendant V,” respectively.

The 3rd 11th 11th Circuit in the judgment of the first instance (hereinafter referred to as the “L”) shall be applied to “(the trade name of March 3, 2015 was changed to L, but the following is not asked before and after the change.”

The 7th parallel parallel 8 to 8th parallel 4 in the judgment of the first instance shall be deleted, the 8th parallel 5th parallel 5th parallel 5th parallel 8th parallel 5th parallel 5th parallel 8th parallel 5th parallel 5th parallel 2th parallel 2th parallel 3th parallel 3), the 8th parallel 8th parallel 3th parallel 5th parallel 5th parallel 4th parallel 9th parallel 4th parallel 6th parallel 5th parallel 5th parallel 5th parallel 3th parallel

The 8th half of the judgment of the first instance court shall be made by making a "on payment" to "on payment".

The purpose of the first instance judgment between 8 and 10 acts (based on recognition) of the first instance judgment is "(based on recognition) without dispute," with "(based on recognition), Gap evidence 1-1, Gap evidence 2 through 5, 7, 11, 12, Eul evidence, Eul evidence 2 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings."

The 9th 13th 10th 10th 14th 14th 200 in the first instance judgment shall be followed as follows.

1) On August 23, 2017, the Plaintiff received a collection order, based on the instant promissory note No. 580,596,817, the claim amounting to the claim for the amount of the claim for the settlement of the terminal accounts.

Therefore, the Plaintiff has the right to claim the withdrawal of money equivalent to the above claim amount from the first and second deposits.

2. The Defendants’ Promissory Notes.

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