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(영문) 서울고등법원 2015.01.29 2014나25025
보증금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the instant judgment cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

[추가하는 부분] ▣ 제1심 판결문 제18쪽 제14행 “이유 없다” 다음에 아래를 추가한다.

(A) The Defendant also asserts that, as of August 8, 2010, the pre-paid payment was KRW 341,00,000, and the pre-paid payment was KRW 219,265,037, and the pre-paid payment was 219,265,037, and that the pre-paid payment was naturally appropriated for payment of the pre-paid payment corresponding to the pre-paid payment without any separate declaration of offset, the remainder of the pre-paid payment to the Plaintiff of the Native Construction was extinguished. However, there is no ground to acknowledge that the pre-paid payment was equal to the Defendant’s aforementioned assertion. The Defendant’s assertion is without merit)

2. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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