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(영문) 서울고등법원 2018.06.15 2018나2013989
청구이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, except where the Defendants added a judgment on the assertion that was newly made by this court under paragraph (2) below, and thus, the reasoning of the judgment of the court of first instance citing this case is identical to that of the court of first instance.

2. The Defendants asserted that the money deposited by the Plaintiff includes the payment of wages in arrears of employees in addition to the payment of the debt based on the instant notarial deed, or may be due for the Defendants’ payment of the expenses incurred in advance. However, according to the evidence No. 6, it is clearly recognized that the Plaintiff’s payment of KRW 450 million is for the repayment of the debt based on the instant notarial deed. Thus, the Defendants’ assertion is without merit.

3. In conclusion, the judgment of the court of first instance is legitimate, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.

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