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(영문) 서울고등법원 2020.06.04 2019나2030486
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this part of this Court is that the corresponding part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part (Paragraph 1) (However, the fifth part "this court" was incorporated into "Seoul Central District Court" and the main part of Article 420 of the Civil Procedure Act is cited as it is.

(hereinafter the meaning of the abbreviationd language used in this case is the same as the judgment of the court of first instance). 2. The plaintiff asserts that the summary of the plaintiff's assertion is the cause of the claim in this case as follows.

Around November 2015, the Defendant agreed to pay the burial expenses of KRW 4 billion in total to the non-party union around the time of the instant implementation agreement. Among them, the agreement to pay KRW 432 million per month in total for the operating expenses of the non-party union during the next three years (see Article 8(2) of the instant agreement) and the agreement to pay KRW 1,00,000,000 in total for the sales fees of the non-party union members of the non-party union (i.e., KRW 4 billion - KRW 1.3 billion for the union expenses already paid - KRW 432 billion for the future union expenses - KRW 1,90,000 for the rights to land acquired by the non-party union members (see Article 8(5) of the instant agreement).

B. Therefore, the defendant is obligated to pay the above future union expenses and sales fees to the plaintiff as the collection creditor of this case.

3. Determination

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 16-1 through 3, No. 18, and No. 19, the Plaintiff’s Ha and the president of the non-party union: (a) stated that the non-party union would receive KRW 4.3 million operating expenses while dialogueing around October 23, 2017; (b) stated that the president of the non-party union and the vice union of H and the non-party union would receive KRW 4.0 billion in total from the Defendant during the conversation around October 27, 2017; and (c) that the J agreed that the non-party union would receive KRW 4.0 billion in total from the Defendant; and (d) during the conversation around August 10, 2018 and September 14, 2018, Kdo correct.

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