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(영문) 서울고등법원 2019.11.12 2019나2007271
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the following reasons. Thus, the court's explanation of this case is accepted by the main sentence of Article 420 of the Civil Procedure Act.

The fourth part of the judgment of the court of first instance states that “A shall be recognized.” The plaintiff argues that “I” is not one’s own name and signed without recognition of the content of the instant agreement, and that the instant agreement is not a document duly formed, but such assertion alone cannot be deemed to reverse the formation of the instant agreement.”

The fifth to sixth is as follows. The fifth to fifth are as follows.

As to this, the Plaintiff stated in the instant business agreement that “any letter, contract, other than a business operator’s written contract, shall be deemed to have the effect of recognizing the validity only for the documents simultaneously signature and interference.” However, there is no obstacle to the instant agreement, and there is no ground to recognize the meaning of the said phrase in the instant business agreement as above. Furthermore, as seen earlier, the instant business agreement was prepared around February 2017, prior to the formation of the instant agreement, and there is no ground to conclude that the said phrase is null and void all the agreements between the Plaintiff and the Defendant, which were newly made after the formation of the instant business agreement. Accordingly, the Plaintiff’s argument is without merit. In addition, the instant agreement provides that “the Defendant shall transfer his director to the Plaintiff by April 5, 2017,” and the meaning of the instant agreement is “the instant business agreement” as the condition that the Plaintiff transfers his position to the Plaintiff.

The parties to an investment contract are changed from the defendant to the plaintiff.

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