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(영문) 대법원 2020.11.05 2019다205220
사업권 매매대금 청구의 소
Text

All appeals are dismissed.

Of the costs of appeal, the costs of appeal by the Plaintiff (Counterclaim Defendant) are assessed against the Plaintiff (Counterclaim Defendant).

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The lower court dismissed the Plaintiff’s principal claim against the Defendants on the ground that it is difficult for the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) to be deemed as the nominal holder pursuant to the instant business right sales contract.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the succession of contractual rights and duties, the interpretation of contracts, etc., or by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence

2. Defendant D’s judgment on Defendant D’s appeal did not state the grounds of appeal in the petition of appeal, and Defendant D did not submit the appellate brief within the due period of submission.

3. Therefore, all appeals are dismissed. The costs of appeal by the Plaintiff are assessed against the Plaintiff, and the costs of appeal by Defendant D are assessed against the Defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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