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(영문) 서울중앙지방법원 2019.09.05 2018나57973
약정금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Grounds for the entry of this case by the court in this regard to the judgment of the first instance and the second judgment of the first instance; and

C. (1) Except as follows, the reasoning for the judgment of the first instance is identical to that for which the judgment is rendered, and thus, this is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

[C]

C. (1) Determination is based on the following circumstances: (a) whether this case’s business was terminated and its profits accrue therefrom; (b) evidence as seen earlier; (c) evidence as to the completion of the auction procedure of secured real estate; (d) evidence as to the remainder of the present business; and (e) evidence as to the remainder of the present business; (e) evidence as indicated in the evidence No. 11; and (e) the purport of the evidence No. 1; (e) the business was to collect and realize profits from the sale of secured real estate after purchasing non-performing loans by investing in the Plaintiff, etc.; (b) E, upon delegation from the Defendant, actually taking charge of the execution of non-performing loans included in the present business, was prepared on March 2016 as indicated in the [Attachment No. 2; hereinafter “Attachment No. 1”); (c) the non-performing loans included in the present business were 19 items; (e) the remaining 4 real estate (attached No. 2); and (e) the appraisal value of the above real estate was no longer likely to receive dividends from the auction procedure.

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