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(영문) 부산고등법원 2015.02.03 2013나10536
약정금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "5.7 billion won" in Section 2 of Section 4 of the first instance court's decision; "10,000,000 won" in Section 10 and Section 4 of the first instance court's decision; "1,00,000 won" in Section 10 and Section 4 of the first instance court's decision; and "1,00,000,000 won" in Section 16 of the fourth instance court's decision.

The second lawsuit is called ‘the second lawsuit'.

2) After the conclusion of the judgment, the lower court dismissed the Defendant’s Intervenor’s appeal on November 13, 2014.

Then, the judgment of the court of final appeal to the effect that the judgment of the court of final appeal to reject the Defendant’s allegation of set-off by the Defendant in the second lawsuit is reasonable is the same as the part of the reasoning of the judgment of the court of final appeal, except for addition to addition of “Abs. it is difficult to deem that the Defendant agreed on” in Part 9, Chapter 11 of the Civil Procedure Act.

2. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendants' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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