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(영문) 광주고등법원(전주) 2017.04.13 2016나10150
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the Plaintiff’s assertion of the right to indemnity added by this court are as stated in the reasoning of the judgment of the court of first instance, except for those cases as referred to in paragraph (3) below; (b

2. Parts used or added;

A. 7,8th below the 8th decision of the court of first instance, “The Defendant, at the time of the preparation of the instant agreement, recognized that F would have sold in advance commercial buildings, set the fee in KRW 400 million,” as follows.

“The Defendant recognized the validity of the pre-sale of the instant agreement by F at the time of its preparation, and paid the F the sales commission of KRW 400 million to F. As such, F has a claim for the sales commission of KRW 400 million against the Defendant. In addition, D at the time transferred KRW 400 million out of the remainder of the total amount of the remainder amount of KRW 540 million against the Defendant to J having a substantial interest with F, instead of transferring the amount of KRW 540 million out of the total amount of the remainder amount of the instant agreement to the Defendant, F, the

(b)be as follows, while the third third is below the 13th decision of the first instance court, the following shall be added:

(12) According to the “written statement of payment of transferred bonds” (6 pages of evidence A No. 1) drawn up by the president of the defendant cooperative at the time of the preparation of the instant agreement with J and D on November 15, 2012, the Defendant agreed to pay the entire amount of claims and the sales commission claims acquired from D from D at the same time, while the Defendant agreed to pay the entire amount of claims and the sales commission claims acquired from D from D, the Defendant stated “40 million won agency fees” as to the claims for the transfer of the entire amount of claims by J, while, with regard to the claims for the transfer of the sales commission claims by D, stating “the sales agency fees within the limit of KRW 400 million” differently as to the claims for the transfer of the sales commission claim by D, this appears to have been indicated to have limited to the claims of the Defendant

3. Judgment on the assertion of the right to indemnity

A. The plaintiff.

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