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(영문) 대전고등법원 2018.06.20 2018나10546
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's supplementary claim is dismissed in this court.

3...

Reasons

1. The reasoning in this case by the court of the first instance is the same as that of the first instance judgment, and the reasoning in this case is the same as that of the first instance judgment, except for adding the judgment equivalent to that of the second instance judgment with respect to the conjunctive claim added by the plaintiff in this court, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. The second part of the judgment of the court of first instance, “1. A summary of the Plaintiff’s assertion of the cause of the claim”, and “2. Determination”, respectively, are different from “2. Determination of the primary claim.”

Each "290,000 won" of the 2nd 6,7,9, and 13th 6,000 of the judgment of the first instance shall be raised to "20,000 won", respectively.

The third 16th 16th 16th 16th 16th 1st 3th 3th 3th 3th 3th 2th 3th 3th 3th 20

It appears to the effect that the Defendant disposed of the instant building, appropriated the proceeds from the disposal of the building in question to repay the principal and interest of the claim, etc., and the remaining amount to the effect that C settled the existing construction cost to C.

3. Judgment on the conjunctive claim that the plaintiff added in this court

A. The gist of the Plaintiff’s assertion was that: (a) the Defendant transferred the ownership of the instant building and land to the Defendant; and (b) the construction cost for the instant building and land that C invested up to the time was paid within KRW 200 million; (c) but (d) the settlement agreement was not received as KRW 200 million under

C Even if C indicated a claim subject to transfer as a claim for construction price at the time of the transfer of claims as of August 6, 2014, the said transfer of claims should be deemed as the subject of the settlement of accounts under the said settlement agreement.

C notified the Defendant of the above transfer on August 12, 2014, and even if not, the Plaintiff notified the Defendant of the said transfer once again on behalf of C on April 23, 2018 on the service of the preparatory document as of April 23, 2018.

Therefore, the defendant is obligated to pay 20 million won to the plaintiff.

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