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(영문) 서울고등법원 2020.01.23 2018나2050360
정산금 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance (section 2, 16, 5, and 3). Thus, the court's explanation on this part is citing the abbreviation pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff and the Defendants, as of the date of termination of the instant agreement on the claim for settlement of accounts and the date of asset evaluation, are dissatisfied with the time of termination of the instant agreement on the partnership business and the date of asset evaluation. This is the key issue of the instant case (In the first instance trial, the Defendant asserted that the time of termination of the instant agreement on the partnership business should be May 14, 2016 and that the date of asset evaluation should be December 31, 2015. However, such Defendants’ assertion is nothing more than the assertion that the date of termination of the said agreement and the date of asset evaluation should be deemed as the same in accordance with the contents of the instant agreement on the partnership business, and it is reasonable to deem that this constitutes a right confession, not a confession as to facts, which is the premise of a lawsuit, or a statement that recognizes legal effect. Therefore, it is reasonable to deem that the Plaintiff constituted a judicial confession as to the date of termination of the instant agreement and the date of asset evaluation by using the aforementioned statements made by the Defendants, and thus, it is reasonable to deem the Plaintiff’s notice through 2015.

In Article 8 (2) of the Trade Agreement of this case, requiring the parties to submit a written termination of the contract in order to terminate the contract of this case is to show prudent intent to terminate the contract, and to clarify the existence of the intent to terminate the contract and the timing of termination.

The provisions of the above agreement.

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