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(영문) 서울고등법원 2017.12.22 2017나2026537
인수대금등 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court

2. Parts used or added;

A. At the fifth bottom of the judgment of the court of first instance, two paragraphs “(b)” shall be added to “the foregoing paragraph 2”.

B. The following is added between the 8th day of the judgment of the first instance and 7th day of the judgment.

In the meantime, through the agreement on the acquisition of assets and liabilities of this case, the Defendant agreed to take over all the obligation related to the construction cost of the instant charnel, which occurred before March 22, 2005, or borne by the Plaintiff, as the Defendant received the ownership of D and all the property rights, such as the instant charnel business rights, from the Plaintiff. Accordingly, it is reasonable to deem that the Plaintiff notified the Defendant of all the obligation to be borne by D pursuant to the said agreement by delivering it to the Defendant even after the execution of the instant agreement prepared between D and K as it is. In the process of concluding the agreement on the acquisition of assets and liabilities of this case, the Plaintiff explained that the Plaintiff was exempted from the payment of the construction cost of KRW 6 billion in lieu of the payment of the construction cost of KRW 6 billion.

There is no evidence to deem that the Plaintiff and the Defendant shared the perception that there is no obligation to additionally KRW 1 billion other than the above 4,300 membership period.

A person shall be appointed.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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