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(영문) 서울고등법원 2017.07.07 2016나2065399
추심금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is that the corresponding part of the judgment of the court of the first instance is the same as the reasoning of Article 420 of the Civil Procedure Act, except in cases where the court renders an application for the corresponding part of the judgment of the court of the first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Furthermore, on December 30, 2012, prior to the cancellation of the instant contract and the occurrence of the obligation to pay the construction cost under the said joint and several liability contract, the Defendant asserts that the agreement on the joint and several liability contract for the Defendant was terminated by agreement to pay KRW 30 million between G and G, and to waive the claim for the construction cost. As such, the Plaintiff’s claim for the construction cost under the instant joint and several liability contract against the Defendant did not occur. A) The provisional attachment of the relevant legal doctrine claims is not binding on the obligor’s disposal of the legal relationship, which is the cause of the claim, unless there is a special circumstance, such as that the obligor and the third obligor cancel the contract for the purpose of extinguishing the claim without any reasonable reason, even if the provisional attachment on the claim was made after the provisional attachment for the purpose of extinguishing the claim (see, e.g., Supreme Court Decision 98Da17930, Jun. 1, 201). 206.

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