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(영문) 서울고등법원 2015.04.17 2014나25698
주식매매대금
Text

1. All appeals by the Defendants against the Plaintiff are dismissed.

2. The plaintiff's request reduction and plaintiff in the trial room.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is that the following is added to the fourth 11th th 11th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th of the first th th th th th th th th th th th th th th th th

E. During the instant lawsuit on September 26, 2014, the Plaintiff’s succeeding intervenor attached the Plaintiff’s claim for the purchase price and joint and several surety payment against the Defendants by designating the Defendants as the third-party obligor for the enforcement and preservation of the Plaintiff’s national tax amount in arrears amounting to KRW 423,567,080 at the time of the instant lawsuit. On October 17, 2014, the Plaintiff’s succeeding intervenor sent to the Defendants a notice of the attachment of the claim containing a declaration of intent to demand the Defendants to pay the amount of delinquent tax (including the increased additional dues and expenses for disposition on default added to the future) related to the said attachment at the tax office until October 26, 2014. The Plaintiff’s succeeding intervenor’s notification of the attachment of the claim and the request for the collection of the purchase price and joint and several surety payment against the Defendants reached the Defendants on October 23, 2014. At present, the Plaintiff’s succeeding intervenor’s claim against the Plaintiff is KRW 420,

2. The court's reasoning on this part is that the "sale price and its delay damages" under the 5th line of the judgment of the court of first instance is "the total amount of KRW 1,385,138,50,000 other than the principal claimed by the plaintiff by the succeeding intervenor out of the sale price (=the sale price of KRW 1,805,930,930,500 - the principal of the plaintiff's succeeding intervenor's claim 420,791,500) and its delay damages, and the remaining delay damages, other than the damages for delay claimed by the plaintiff succeeding intervenor during the participation by the succeeding intervenor in the court of first instance." The court of first instance considers "B" under the 5 second line of the judgment of the court of first instance as "C," and the five first line of the judgment of the court of first instance added the following details to the five first line.

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