(영문) 서울고등법원 2019.08.23 2018나2044259

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.08.23 2018나2044259

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in the corresponding part of the judgment of the first instance, except for the addition or dismissal of the following. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or supplementary parts] Under the two pages of the judgment of the first instance, “A” shall be deemed to be “the Intervenor”, “A No. 3” shall be deemed to be “B”, and “B” shall be deemed to be “B 29”, and “B 29” shall be added to [based grounds for recognition].

The judgment of the first instance is three pages.

The 1st sentence inside the table of paragraph (1) " between the plaintiff and the intervenor" shall be " between the defendant and the intervenor".

The judgment of the court of first instance is three pages.

The marks of this subsection shall be as follows:

Article 5 (Matters to be Observed by Defendant) (1) Vicarious execution of work related to D creation. (2) Management and execution of E (oil) investment funds shall be conducted in accordance with the following standards:

1. The interest income accrued in the course of managing the investment funds shall be appropriated from the business expenses;

2. Business funds shall be deposited under the joint name of the intervenors and the Defendant, or entrusted to a financial institution;

3. The execution of the investment money shall be executed at the request of an intervenor;

3. The original text of the Agreement No. 2 (No. 4) of this case includes 2, 3, and 5.

Article 6 (Calculation of Sale Price) (1) Standards applicable to direct investment expenses, financial expenses, investment profits, etc. shall be as follows.

1. Direct investment expenses shall be the expenses recognized by the intervenor as those included in the development cost calculation under the Industrial Sites and Development Act;

2. Financial expenses: Principal and interest and various fees raised from financial institutions in E;

3.The investment profits shall be subject to the investment profits determined by the Industrial Sites and Development Act, which shall be 9% of the total project cost and may be subject to separate contracts for the share of the investment profits.

In such cases, the settlement of investments shall be made.

참조조문

-민사소송법 제420조

-산업입지 및 개발에 관한 법률

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