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(영문) 대법원 2019.12.12 2018다252274
추심금
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. Plaintiff’s ground of appeal

A. As to the ground of appeal No. 1, the point of time when the Defendant paid the down payment of KRW 500 million to the limited liability company C (hereinafter “C”) is September 8, 2016, and this part of the ground of appeal, which is not possible to oppose the Plaintiff due to the repayment made after the seizure and collection order of the instant claim became effective, is the first asserted in the final appeal, and thus, cannot be a legitimate ground of appeal.

B. According to the reasoning of the judgment below on the second ground of appeal, the court below acknowledged the facts as stated in its reasoning based on the adopted evidence, and determined that the claim for damages of KRW 450,000,000 against the Defendant C arising under Article 8 (1) of the Agreement on the Transfer and Acquisition of Business Right of this case had already been due before the delivery of the claim for seizure and collection order of this case to the Defendant, and thus, the Defendant’s declaration of set-off was extinguished from the amount equal to the above damage claim.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the interpretation of a disposition document and offset.

2. As to the Defendant’s ground of appeal

A. As to the ground of appeal No. 1, the lower court is based on the reasoning of the lower judgment, and the lower court, based on the following circumstances acknowledged by adopted evidence, namely, ① the KRW 5 billion stipulated in the contract for the transfer and takeover of the instant business right is limited to “site cost” and ② instead of eliminating the “ KRW 500 million for the transfer and takeover of the instant business right” under Article 14(1) of the contract for the transfer and takeover of the instant business right, the instant enforcement right and the letter for the transfer of the business right, which are separately prepared, indicated as “ KRW 50 million for the execution right and the project right,” and the resolution of C has been reached by C.

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