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(영문) 서울남부지방법원 2019.03.21 2018나58163
양수금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. The grounds for this part of this court are as follows: (a) in the statement in the “1. Recognition” column for the grounds of the judgment of the court of first instance, “C” shall be deemed to be “ Q”; and (b) in both “J” as “I”; and (a)

The amount equivalent to 80% of the rehabilitation claim for which "E is confirmed" shall be repaid in part (3) of the judgment of the first instance (No. 2 of the judgment of the first instance) and the amount equivalent to 80% of the rehabilitation claim for which "E is confirmed" shall be repaid in installments at 10% of the last day of each year from 2016 and 2017, 2018 to 202, and at 42% of the last day of each year from 2023

‘The contents' are the contents.

It is the same as the statement other than the addition of the phrase "," and thus, it is quoted by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Defendant, which caused the Plaintiff, agreed with theO to pay to theO the amount equivalent to 5% of the amount that the Defendant would receive from E according to the result of the Appellate Trial prior to the reversal of the claim (Seoul High Court 2014Na42211), by preparing the instant agreement with the Plaintiff, and agreed to preferentially pay the amount that the Defendant would pay to the Plaintiff within 200 million won by preparing the instant agreement with the Plaintiff.

Since the appellate court prior to the reversal and re-delivery rendered a ruling that the Defendant’s rehabilitation claim amount to E is KRW 329,985,00,000, the Defendant shall pay KRW 181,491,750 equivalent to the above KRW 55% out of the above KRW 329,985,00, to the Plaintiff.

B. In light of the developments leading up to the construction of the instant agreement and the instant agreement on the interpretation of the instant agreement, the Defendant agreed to pay to theO the amount equivalent to 55% of the repayment amount received from Q, except for the part based on the claim acquired from Q, as a result of the lawsuit of Seoul Southern District Court 2013Gahap3416 at the time of the instant agreement on the installment payment, not the entire amount repaid from Q, as a result of the lawsuit of Seoul Southern District Court 2013Gahap3416 at the time of the instant agreement on the installment payment.

In addition, 1.

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