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(영문) 서울고등법원 2019.05.15 2018나2041175
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The reasoning for this part of this Court is that it is identical to the corresponding part of the judgment of the first instance except for partial dismissal or addition or deletion as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the third part of the judgment of the court of first instance, “owners are co-owners”. “Co-owners are co-owned share 6,69.5/56, 63,356, 69.5/4 of the shares of Defendant C; 1/26,678/26,334.75; 3,334.75/26,678 of the shares of Defendant E; 3,334.75/26,678 of the shares of Defendant H; 3,334.75/26,678 of the shares of Defendant G; 3,334.75/26,678 of the shares of Defendant H; and 3,334.75/678 of the shares of Defendant H.).”

The defendant shall add "1." in the front of "1." in the second part of the third part of the judgment of the court of the first instance, and shall delete "within 15 days from the date of permission" in the fourth part of the fourth part of the decision of the court of the first instance (the statement), "within 15 days from the date of permission", and " without any condition" in the 9th part.

The five pages of the judgment of the first instance court [Attachment] [Attachment] [Attachment] [Attachment 4, 6] below, each of the defendants in the second sentence above is "the remaining defendants except the defendant H," and the 6 [Attachment] of the third sentence below is "the defendants," respectively, and the defendants are "the above defendants."

The following shall be added between the sixth [Attachment] of the judgment of the first instance and the sixth [Attachment]:

(j) Meanwhile, on November 29, 2016, the Defendants, upon obtaining a certificate of the personal seal impression to be issued to the Plaintiff, sent to the K Office of Law Firm, or had been directly possessed by him/her. 6 [Attachment] of the first instance judgment of the court of first instance 7, “B Nos. 1 through 6” is deemed to be “B Nos. 1 through 6, 10, 11, and Na No. 1. 1.”

Plaintiff’s assertion

The Plaintiff’s assertion on this issue is that “the Defendant shall deliver all documents necessary for authorization and permission to the Plaintiff by December 10, 2016” under the instant agreement means that the Defendants provide the documents for permission for the establishment of a factory in the name of the Plaintiff or a third party as required by the Plaintiff. However, the Defendants are granted permission for the establishment of a factory in the name of a third party.

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