(영문) 서울고등법원 2018.04.19 2017나2038448

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.04.19 2017나2038448

채무부존재확인

Text

1. The judgment of the court of first instance is modified as follows.

On May 30, 2008, the Seoul Southern District Court against the defendant's plaintiff.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the part as stated in paragraph (2) below, and therefore, it is also cited by the main text of Article 420 of the Civil Procedure Act.

2. The second page 14 of the judgment of the court of first instance is the amount of damages for delay calculated at the rate of 5% per annum from October 16, 2006 to April 3, 2008, and 20% per annum from the next day to the date of full payment.

Part 2 of the judgment of the first instance court, "208Gahap5500" in Part 16 of the judgment of the second instance is "208Gahap5500, hereinafter "the final judgment of this case").

Part 2, Part 18 through 19 of the judgment of the first instance court shall be deleted.

The judgment of the first instance court "the judgment of this case" shall be referred to as "the final judgment of this case" collectively.

Part 4 of the decision of the first instance court shall be 19 and 20 as follows.

Although the Defendant is aware that the sum of KRW 140,912,500 was paid by the Plaintiff, the remainder of KRW 129,087,500 that was paid by the Plaintiff was not paid.

Therefore, the Plaintiff’s obligation against the Defendant under the final judgment of this case remains in KRW 129,087,50.

Part 6 of the judgment of the first instance court is as follows. Part 8 and 9 are followed.

Therefore, the amount to be paid by the Plaintiff to the Defendant according to the final judgment of the instant case was changed to KRW 270,000,000, which is the amount determined by the instant agreement after the judgment became final and conclusive.

From 6th to 9th 18th 10th 10th 6th 6th 6th 6th 6th 6th 6th 6th 100

1) The Plaintiff’s assertion of repayment is determined as to the Plaintiff’s assertion of payment. 1) The amount paid on the date of payment Nos. 70,000,000 on June 8, 2009 (the original date 9,000,000 on July 5, 2009; 3,000,000 on July 5, 2009; 6,000,000 on July 31, 200 on July 31, 200 on 31, 200,000,00 on July 31, 200 on 31, 200,0028 on December 4, 200, 200,00 on September 21, 200, 2000; 9.

참조조문

-민사소송법 제420조

유사 판례

-전주지방법원 2018.08.17 2017나14683

-서울고등법원 2016.08.09 2015나29390

-광주지방법원 2015.05.22 2013나9891

-대전고등법원 2016.12.09 2016나14513

-수원지방법원여주지원 2015.05.28 2014가단32528