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(영문) 서울고등법원(인천) 2020.12.18 2019나14590
약정금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows, and the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except for the addition as set forth in the following paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act

2. Each of the 6th 6th 6th 6th 6th 6th 6th 6th, 9th 21th 11th 20th 20th 6th 6th 6th 6th 6th 6th 60,

In the first instance judgment, "as to the payment of this case, etc." in the first instance judgment 9 to 10 pages 9 to 10 shall be deemed as "as to the payment of this case, etc.".

"195 days/365" shall be deemed "195 days/365 days, and less than KRW 195 days," 10 to 11 of the judgment of the first instance.

The 11th judgment of the first instance court "the date of this judgment" shall be deemed to be "the date of the first instance judgment".

The 11th of the first instance judgment "No. 1" in the 20th of the 11st judgment shall be read as "each description of evidence No. 1, 5, 6, and 16".

On the 12th page of the first instance judgment, “A fact shall be recognized” means that “The fact, the Defendant Company assigned the Plaintiff the share of 16,500 shares on June 29, 2016, and 12,500 shares on June 30, 2016, and the notification thereof shall be recognized.”

The first instance court’s 12th 7th 7th 7th 8th 7th 8th 8th 8th 7th 8th 8th 7th 7th 8th 8th 8th 2000 shares of the Defendant Company that the Defendant Company allocated 290 million shares of the Defendant Company to the Plaintiff, as seen above, is difficult to view that the above value corresponds to the amount of KRW 290 million that the Plaintiff

"Ero-friendly".

3. The Defendants asserts to the effect that even though they are obliged to pay the Plaintiff money under the agreement of this case, the Plaintiff shall pay 29,000 million won to the Defendant Company at the same time as the said payment of money by the Defendant Company.

In light of the above, the aforementioned evidence can be admitted by adding to the whole purport of the argument.

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