(영문) 서울고등법원 2016.12.15 2016나2024879

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.12.15 2016나2024879

양수금

Text

1. The plaintiff (applicant) shall dismiss an application for intervention in the acquisition;

2. Of the judgment of the court of first instance, order the payment below.

Reasons

1. This part of the judgment on the claim related to the delegation contract of a lawsuit and the payment of the appeal cost by subrogation is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of paragraph (1), except where the "written evidence No. 22" in the fourth 11 of the judgment of the first instance is used as "written evidence No. 22 and 27."

2. Determination as to the claim for the claim that was acquired from the Gaving Construction Co., Ltd.

A. The Plaintiff asserted that the Plaintiff acquired KRW 200,000,000 from the YI Construction Co., Ltd. (hereinafter “YI”) and from the contractual amount owed by the YI Construction to the Defendant.

The principal and interest of the above agreed amount claim until August 2, 2015, which is the day following the delivery date of the original original payment order, are KRW 946,767,123, and among them, KRW 46,767,123,123 remain if the amount of claim claim against the agreed amount claim prior to the plaintiff, for which the seizure and collection order was issued, is deducted.

The defendant shall pay 46,767,123 won and damages for delay.

B. The facts of recognition 1) On November 5, 2010, as between the Defendant and the Defendant, determined the amount of claims, such as the cost of crypt construction, against the Defendant of e.g., the amount of claims to the Defendant of e.g., the amount of crypt construction as KRW 1.6 billion. The Defendant, on November 8, 2010, paid KRW 200 million on December 30, 201, KRW 158 billion on December 15, 2010, KRW 80 billion on the ground that the agreement was reached between the Defendant and the amount of claims to be paid as KRW 1.1 billion on December 15, 2010 and the amount of claims to be paid as KRW 1.5 billion on the instant real estate (hereinafter referred to as the “instant agreement”) and the amount of claims to be paid as KRW 1.5 billion on February 28, 201, the Seoul District Court set the maximum amount of claims to be paid as KRW 1.5 billion on the instant real estate.

2) The defendant is not a party to the lawsuit.

참조조문

-민사소송법 제420조

유사 판례

-서울남부지방법원 2016.05.27 2015가합108230

-서울중앙지방법원 2017.05.18 2016가단5226090

-서울고등법원 2018.05.03 2017나2054488

-서울남부지방법원 2020.07.16 2018가합113509

-서울고등법원 2015.10.30 2014나2038003