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(영문) 서울고등법원 2017.12.22 2017나2043822
전부금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation concerning this case is the same as the statement of the judgment of the court of first instance except for the following parts written or added. As such, the court's explanation concerning this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] Article 17 of the third party judgment of the court of first instance (hereinafter referred to as "agreement dated May 7, 2014") shall be amended to "Agreement" and "Agreement (Evidence A No. 4; hereinafter referred to as "Agreement on May 7, 2014")".

3) After all, the business profit of the instant case calculated pursuant to Article 3(1) of the Agreement on May 7, 2014 shall be KRW 1,112,51,260 of the cost invested by the Defendant (i.e., the cost of KRW 1,048,00,000,000, which was invested by May 7, 2014) (i.e., the cost of establishing a collateral security interest of KRW 2,25,02,520,520 of the cost of establishing a collateral security interest of KRW 14,51,260,000,000, which was invested by the Defendant by May 7, 2014 (i.e., the cost of establishing a collateral security interest of KRW 1,225,00,000,000 of the cost of establishing a collateral security interest of KRW 14,511,260).

Therefore, C’s share to be received from the Defendant is 15% (=6/10 ± 4) of the above amount (=206,246,622). The Plaintiff claims KRW 201,00,000, which is a part of the above amount.

The witness C’s testimony as seen above is added in front of the 10th 19th 13th 17th 17th 13th 17th 17th 10th 17th 3th 3th 17th 3th 3th 17th 2006, which is likely to believe in light of the relationship between the Defendant and C and the partners of the instant case, the progress of the instant business, the contents of the letter of the instant case, and the developments leading up to the completion of the registration

2. Accordingly, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is consistent with this conclusion, and the plaintiff's appeal is dismissed.

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