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(영문) 광주지방법원 2020.02.07 2019나59010
약정금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs corresponding to the revoked part are against the defendant.

Reasons

1. On September 7, 2018, the first instance court clarified that the Plaintiffs’ primary claim against the Defendant (a claim for agreed amount) was based on the statement in preparatory documents (the fifth date of pleading in the first instance court), and that the agreed amount claim is the primary claim, and that the claim for damages due to nonperformance is the preliminary claim.

(5) Without determining the above legal brief No. 5, there is no indication that the plaintiff's primary claim against the defendant is dismissed in the disposition of the court of first instance.

The plaintiffs partly accepted the conjunctive claim against the defendant (the claim for damages due to non-performance of obligation).

The above measures of the first instance court are deemed to be unlawful, and since the defendant filed an appeal against the first instance court and the plaintiffs filed an incidental appeal against the defendant, the whole of the plaintiffs' claims against the defendant including the plaintiff's main claims against the defendant was judged to be the appellate court. This court revokes the first instance judgment, while all the plaintiffs' claims against the defendant against the defendant are judged to be the object of the judgment.

Supreme Court Decision 96Da99 Delivered on July 24, 1998

2. The court's explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, except for a partial change of the judgment of the court of first instance as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

Part 14 and 15 of the second page "The premium is KRW 215 million, and it is transferred or transferred in aggregate for KRW 185 million by discounting the premium of KRW 30 million" (hereinafter referred to as "the first option claim of this case")" in Part 16 of the second page "after adding "the contract under which it is intended to put a pool on the book for the third point" (hereinafter referred to as "the contract under which it is intended to put a pool on the book")" in Part 19 of the second page "the contract under which it is intended to put a pool on the book for the third point" in Part 19 of the same Chapter.

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