(영문) 서울고등법원 2019.07.19 2018나2067764

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(영문) 서울고등법원 2019.07.19 2018나2067764

정산금 등 청구의 소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation in this part is the same as the corresponding part of the judgment of the court of first instance (the “1. Basic Facts” of the suspension of the second page). Therefore, this is cited by the main text of Article 420 of the Civil Procedure Act.

Provided, That some of the judgment of the first instance shall be amended as follows:

[Revision] Article 3 of the first instance court's judgment "(2,400,000,000 won shall be entrusted to a trust company instead of receiving loans, and 2,400,000 won shall be entrusted to a trust company."

Part 3 of the judgment of the first instance court is "in accordance with the agreement, etc. described in paragraph 3 above," and Part 4 is entrusted with "in trust," respectively. Part 9-10 of the judgment of the first instance court (Article 4-1 of the suspension of No. 4) shall be written as follows.

“1) Even after the Plaintiff received an investment of KRW 600 million from the Defendant, the construction cost required for the construction of the said building was inevitable to be raised entirely through the Defendant, and the Plaintiff’s loan to the Plaintiff was also a situation in which the Plaintiff believed the Defendant’s credit and lent the funds, and demanded the guarantee thereof.

Accordingly, the Plaintiff issued the Defendant a written consent to change the name of the owner of the building necessary for changing the name of the owner of the building for the said new building, a written consent to use the land, etc., and a written contract for sale in lots, “corporation reduction, etc.” and “the contract for sale in lots,” which are necessary for the Defendant to transfer the name of the owner of the building for the said new building to the Defendant so that the Defendant can smoothly raise funds by means of confirming “the situation in which the owner of the building for the said new building is able to transfer the name of the owner of the building to the Defendant” as security in borrowing funds from a third party, and at the same time,

However, the defendant later.

참조조문

-민사소송법 제420조

유사 판례

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