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(영문) 서울고등법원 2018.04.11 2017나2056736
기타(금전)
Text

1. The part of the judgment of the court of first instance concerning a monetary payment claim is modified as follows.

Reasons

1. In the first instance court’s trial scope, the Plaintiff joined a claim for monetary payment and a claim for the delivery of a building, and the Defendant filed a claim for a counterclaim for monetary payment. The first instance court partly accepted the claim for monetary payment and accepted the claim for delivery of a building among the principal claim, and dismissed the remainder of the claim for monetary payment and the counterclaim in the principal lawsuit.

As to this part of the judgment of the court of first instance against the plaintiff as to the claim for payment of money among the principal lawsuit, the defendant appealed against the part against the defendant as to the claim for payment of money among the principal lawsuit. Thus, the subject of judgment of this court is limited to the part concerning the claim for payment of money among the principal lawsuit of the

2. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows. The respective parts of the judgment of the court of first instance are used as follows. The parts of the judgment of the court of first instance from 7 to 24, and from 28, from 14 to 29, shall be modified as follows. As to the new argument of this court by this court, the following judgments are added to the part concerning the principal lawsuit in the judgment of first instance (as to the part concerning 1 to 29, from 10, following the third page of the judgment of the court of first instance). Thus, this part shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Parts to be dried;

A. The written text of the judgment of the court of first instance (hereinafter “the written text of the judgment of the court of first instance”) 8 pages 18 (hereinafter “the written text of the judgment of the court of first instance”) shall be amended “from December 4, 2016 to “from December 5, 2016”.

B. Article 9(1) of the first one shall be construed as “ March 31, 2016” as “ March 31, 2017.”

(c) Beginning 17 up to the last 14 pages 13 up to the following:

(B) Furthermore, the purport of the entire argument of the evidence mentioned above is to find out that the Defendant delayed the payment of the sub-lease fee under the instant sub-lease contract as indicated in the following table, and thus, the Defendant shall pay the Plaintiff the unpaid sub-lease fee.

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