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(영문) 서울고등법원 2019.07.12 2018나2056870
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Defendant B, which corresponds to the amount ordered to be paid below.

Reasons

1. The reasoning for this part of the basic facts is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance.

In Part 6 of the judgment of the court of first instance, "a sales contract" in Part 9 shall be added to "a sales contract" (hereinafter referred to as "a contract for the transfer of share in this case").

Part 7 of the judgment of the first instance court shall be affixed with the following marks:

Article 1 (Purpose) This Agreement is intended to dispose of the said site through mutual concession and recover the investment in relation to the construction of a commercial building on the 1200.3mm2 in Ansan-si, Nowon-gu, Seoul Special Metropolitan City (hereinafter referred to as “project site”).

Article 2 (Determination of Investments and Bearing of Expenses) (1) A (Defendant B and M) shall determine the amount of money invested by Company B as KRW 1.6 billion, and the amount of money invested by Company B as KRW 1.2 billion, and the said amount of money invested by Company B shall be deemed to have been completed.

(2) All expenses, such as interest on loans and other taxes and public charges, which will accrue in the future, shall be borne equally by Gap and Eul.

Article 3 (Performance of Obligations) A is responsible for the rights of the subcontractor, who is the contractor and lien holder, who is the contractor and the contractor, and B is required to attach documents necessary for the cancellation of X-mortgage on July 25, 2008, which was established in the project site, to the written agreement on July 25, 2008.

Therefore, documents necessary for cancellation of the above right to collateral security should be submitted, but the contribution of B as stated in Article 2 is completed.

Article 7 (Recovery of Contributions) When any profit accrues from the disposal of a project site, it shall be distributed in the following order:

1) Article 8 (Standard Amount for Sale) of the first-class collective security obligation and payment of the principal and interest of the first-class collective security obligation and of the first-class collective security obligation, received on April 14, 2005 as of April 14, 2005, Article 36452, and Article 8 (Reimbursement with Investment Ratio) of the first-class collective security obligation and the second-class collective security obligation.

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