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(영문) 서울고등법원 2017.11.15 2017나2018857
사업이익금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court of first instance dismissed all the plaintiff's claims for the purport of the plaintiff's claim. Accordingly, since the plaintiff appealed only with respect to the claims as stated above, b, c, e, and f, it is limited to the part against the plaintiff as stated above, b, c, e, and f in the judgment of the court of first instance.

2. The reasoning of the lower court’s reasoning for admitting the judgment is as follows: (a) the reasoning of the lower court’s reasoning is as stated in the relevant part of the first instance judgment, except for an additional determination as to the allegations by the parties submitted in the trial under paragraph (3) below; and (b) thus, (c) it

3. Additional determination

A. In June 22, 2016 and 2007, the Plaintiff filed an application for provisional seizure against the Defendant for provisional seizure of real estate on the remaining land of H business, and completed a registration of provisional seizure. After the registration of provisional seizure was cancelled by the Defendant’s application for revocation of provisional seizure on the grounds of change in the circumstances, the provisional seizure was revoked on June 22, 2016, and the provisional seizure was revoked on the grounds of the lapse of the period for filing the lawsuit. Thus, the Plaintiff’s claim for the profit on the business, which the Plaintiff sought, had been suspended after June 22, 2016, has not yet expired.

B. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence 6-1 to 5, Eul evidence 2, Eul evidence 1-1 to 11-3, and the whole purport of the arguments as follows: ① on July 6, 2006, S received a provisional attachment order of KRW 350 million as to the real estate stated in the attached list Nos. 1, 3, and 4 as Seoul Southern District Court Decision 2006Kahap1479 on July 6, 2006 and completed the registration on July 7, 2006; ② on October 29, 2007, Seoul Southern District Court Decision 2007Kahap2862 on October 29, 2007, and completed the provisional attachment order of KRW 230 million on October 31, 2007.

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