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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
Basic Facts
The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
According to the above findings of the determination as to the cause of the claim, the defendant is jointly and severally liable with the co-defendant B, C, and D of the first instance trial to pay the Plaintiff the principal and interest of the agreed amount pursuant to the cash custody certificate of this case as KRW 1,751,780,82 of the agreed amount, and damages for delay.
Of the Defendant’s argument as to the Defendant’s assertion, the Defendant asserts that ① the Plaintiff did not perform the obligation to transfer the ownership of the land of this case, ② that no damages for delay did not accrue until the Plaintiff completed the registration of ownership transfer concerning the land of this case; ③ each summary of the claim that the instant sales contract was terminated and the obligation due to the cash custody certificate was extinguished; and the determination thereof is identical to that of the first instance judgment from June to September to 12, 199, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
(A) The facts of the first instance court as to this part are recognized as legitimate even if the evidence additionally presented by the Defendant was neglected. (D)
The first summary of the argument as to the assertion that the light contract was concluded, B sold the instant V land and building to AL, and had the Plaintiff pay the down payment of KRW 200 million and the balance of KRW 470 million out of the sale price to the Plaintiff. On the other hand, C’s real estate under the name of the actual operator of B, the actual operator of B, set up a collateral security amount of KRW 400 million in the future to the Plaintiff, thereby creating a collateral security of KRW 400 million in the amount of the debt according to the cash custody certificate. Accordingly, the Plaintiff and B extinguished the obligation arising from the cash custody certificate and bear a new obligation.