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(영문) 수원고등법원 2020.08.27 2019나15782
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. The first instance judgment.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases of cutting, adding, or deleting the reasoning as follows, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

(1) The court of first instance held that the evidence submitted by the plaintiff to this court is reasonable in view of the evidence duly adopted and examined by the court of first instance, and that there was no error as alleged by the plaintiff as the grounds for appeal. The court of first instance held that the part of the evidence submitted by the plaintiff to the court of first instance including the part (No. 2) and the part (No. 14) in the 8th to the 12th to the “Defendant.”

Around August 29, 2007, “C and the Defendant entered into two contracts, including transfer and acquisition of business rights and service contracts (hereinafter “the instant separate agreement”) and the instant agreement. The instant separate agreement is a contract for the transfer of business rights on 10,000 square meters for multi-family housing land that C is to receive in connection with the instant urban development project. The instant agreement is a contract for the Defendant to pay C the said KRW 9.2 billion by recognizing service expenses, such as various efforts, expenses, know-how, etc. for the instant urban development project as KRW 9.2 billion.

The Defendant entered into the instant separate agreement with C around August 29, 2007, and agreed to succeed to the instant preferential supply agreement with C and the Plaintiff on the 10,000 square meters of the above multi-unit housing land, see the Plaintiff’s application for the change of the cause of the claim on March 23, 2020, as follows: “The part of the 8th judgment of the court of first instance 2, 4, 1, 2, 5, and 6 each of the above basic facts and the records, and the entire purport of the arguments as to the order to submit financial transaction information to U of the first instance court. In light of the following circumstances, the evidence submitted by the Plaintiff alone is separate from C around August 29, 207, pursuant to the instant agreement.

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