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(영문) 서울고등법원 2016.10.25 2015나2074549
정산금
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 grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, the first instance court's decision 15 pages 4 to 16 pages 15 (the part of paragraphs (c) and (4) below) shall be followed as follows:

The plaintiff's assertion based on the premise that the fulfillment period of the obligation to pay earnings under the instant trust agreement against the Defendant's executory company is already due, is not reasonable without further review (On the other hand, the plaintiff cannot assert the existence of the first priority pledge in relation to the relationship between the executory company C and D, who is the subrogation, even if it is possible to assert the existence of the first priority pledge in relation to the relationship between the executory company and C, who is the obligor, the obligor, but this cannot be accepted in light of the principles of subrogation, and even if the above assertion is reasonable, it does not affect the conclusion above.

(i) "";

2. The plaintiff's claim in this case must be dismissed for lack of reasonable grounds.

(2) The Plaintiff’s ground of claim is that the Plaintiff’s claim is based on the premise that the due date for the performance of the claim subject to the pledge rights has arrived, and does not seem to include the purport of seeking future performance. The judgment of the first instance, which dismissed the lawsuit of this case, is unfair in conclusion. However, in this case where only the Plaintiff appealed, the Plaintiff’s claim cannot be revoked the judgment of the first instance court and the judgment of dismissing the claim cannot be rendered, and only the Plaintiff’s appeal is dismissed.

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