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(영문) 서울고등법원 2019.06.21 2018나2054836
물품대금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

As to this case, this court's acceptance of the judgment of the court of first instance is identical to the entry of the reasoning of the judgment of the court of first instance in addition to the entry by the plaintiffs according to the allegations that the plaintiffs supplement, and thus, this court shall accept it as it is in accordance with the main sentence of

Part IV through Part V of the decision of the court of first instance shall be stated by the following formula:

In addition, the plaintiffs asserts that the defendant disposed of the assets acquired from the cooperatives of this case, and paid the union employees' retirement allowances and unpaid benefits, and retain the remaining surplus assets, so the conditions of debt repayment under the letter of undertaking have been fulfilled.

However, the evidence submitted by the Plaintiff, including evidence Nos. 2, 3, 7, 8, and 10, is insufficient to recognize it.

Rather, comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 3, and 12, the instant cooperative: (i) sells KRW 27,410,50,500, and KRW 375,000, in total, to the Defendant on July 7, 2016; (ii) sells KRW 163,00,00 on July 13, 2016 to the Plaintiff, a creditor, for KRW 2,026,090, KRW 5,000, KRW 375,00 in total, and KRW 10,20,000 in sales; and (iii) the instant cooperative keeps KRW 2,63,00 in total, KRW 20,00 in total, KRW 5,00 in total, KRW 40 in sales; and (iv) sells the remainder of KRW 2,63,530,00 in debt-processing materials to the Plaintiff, a creditor, for set-off 201, KRW 25,7534,25,257.7.

This part of the plaintiffs' re-argument is without merit.

If so, the judgment of the court of first instance is just, and the plaintiffs' appeal is dismissed.

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