logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.06.13 2012나29603
대여금
Text

1. The plaintiff's appeal as to the second claim among the conjunctive claims of this case is dismissed.

2. After a judgment of the first instance is rendered.

Reasons

1. Scope of the judgment of this court;

A. At the first instance court, the Plaintiff was first appointed as the trustee in bankruptcy on November 28, 2006 by the Seoul Central District Court Decision 2006Hahap58, which was based on the development project agreement.

(A) In the event that the right to implement the project is acquired by the Plaintiff, the Plaintiff asserted that the Plaintiff received both the loan obligation of the project cost and the obligation of the intermediate payment (the principal and interest of the loan shall also be borne by the Plaintiff in accordance with Article 4(3) of the instant Business Convention), and the conjunctive claim for compensation for loss of the Defendant’s obligation to acquire the right to implement the project based on the development project agreement and to perform the obligation of the obligation to complete the project cost and the amount equivalent to the loan of the intermediate payment.

B. The court of first instance dismissed all the Plaintiff’s claims, reduced the Plaintiff’s claims while filing an appeal, and the first instance court dismissed all Plaintiff’s appeals and maintained the first instance judgment.

Therefore, the plaintiff filed an appeal, and the Supreme Court dismissed the appeal against the plaintiff's main claim, and reversed the appeal against the conjunctive claim only, and the judgment against the plaintiff as to the main claim became final and conclusive by the first remand judgment, and only the conjunctive claim continues to exist in the trial.

C. On April 19, 2010, the Plaintiff, after the judgment of the first return, expanded the application for expansion of the claim by arranging and expanding the preliminary claim as follows.

1) Claim 1: Claim 2 for damages equivalent to the principal and interest of the project cost incurred due to the Defendant’s nonperformance of the obligation to accept the project execution (based on principal amount, KRW 35,941, 122,600): The Defendant’s primary nonperformance of the obligation to accept the project execution, resulting from the Defendant’s nonperformance of the obligation to complete the project in preliminary order.

arrow