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(영문) 서울고등법원 2018.11.29 2017나2027042
매매대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. In the first instance trial, the Plaintiff claimed against the Defendants the payment of the said money as stated in the above claim, and 8,130,000 won against the co-defendant D of the first instance trial, and damages for delay against the said money.

The court of first instance accepted part of the plaintiff's claim against the defendants, and dismissed the plaintiff's claim against co-defendant D in the first instance.

Accordingly, the Plaintiff filed an appeal against the Defendants and Co-Defendant D of the first instance trial on the part against the Plaintiff (the dismissal of the Plaintiff’s claim), and the Defendants also filed an appeal as to the part against the Defendants (citing the Plaintiff’s claim).

On April 13, 2018, when the appeal is pending, the Plaintiff voluntarily withdrawn the appeal against the Defendants and the co-defendant D of the first instance court.

Therefore, the scope of this court's adjudication is limited to the part against the Defendants (citing the Plaintiff's claim) among the judgment of the first instance.

2. Acknowledgement and conclusion of the first instance judgment

A. Based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance, the reasoning of the judgment of the court of first instance (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and determination of issues) is sufficiently reasonable.

The reasoning of this Court concerning this case is as follows. The reasoning of this Court is as follows: (a) the Defendants’ grounds for appeal are used or deleted as described in paragraph (3); and (b) the reasoning of the judgment of the first instance is identical to that of the Defendants, except for determining the grounds for appeal, as described in paragraph (4). Therefore, the reasoning of this Court is cited as it

B. If so, the plaintiff's claim against the defendants is justified within the scope of the contents of the 11th judgment of the court of first instance, which cited this court, from 18 to 12 (2) ("the part of the 12th judgment"). Thus, the plaintiff's claim against the defendants should be accepted respectively, and the remaining claim shall be dismissed on the grounds that

The judgment of the first instance is just in conclusion.

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