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(영문) 서울고등법원 2018.03.28 2017나2018581
전부금
Text

1. The plaintiffs' appeal and the first and second preliminary claims added by this court are all dismissed.

2. Appeal;

Reasons

The reasons for this Court regarding this case are as follows, except for adding the following judgments with respect to the first and second preliminary claims added by this Court, the reasons for this Court's acceptance of the judgment of the first instance court are as stated in the reasoning of the judgment of the first instance. Thus, this Court shall accept them as they are in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 11 of the decision of the first instance court (the fifth reduction in the table of the "agreement for the Admission to Cooperatives") shall raise the "final contributions" to "other than the final contributions."

Part 3, No. 17, No. 19, No. 20, No. 21, No. 10, No. 17, No. 18, No. 19, No. 22, No. 24, No. 11, No. 14, No. 18, No. 25, No. 1, No. 3, No. 7, No. 8, No. 39, No. 3, No. 39, No. 44, No. 19, No. 210, No. 210, No. 210, No. 210, No. 211, No. 2

In the 26th sentence of the first instance court, the "this Court" in the 17th sentence shall be "the court of the first instance".

The last 26th decision of the court of first instance is "2. Summary of the parties' arguments concerning the primary claim".

From 29th to 30th of the first instance court's decision, the second to 30th of the final decision is as follows.

(B) As to the part of the recruitment agency fee (B) amendment, the former execution agency contract was amended to the instant execution agency contract, and only the instant agency contract concluded between the Defendant and M was ratified at the special meeting of the Defendant on August 14, 2009. Since the instant execution agency contract is not included in the recruitment agency fee, the Defendant is not obliged to pay the recruitment agency fee to K, and the claim for the recruitment agency fee is attributed to M rather than K.

Shebly, even if the solicitation agency fee belongs to K solely, M received the total of KRW 2,167,090,000 from the Defendant to the agency fee and solicitation agency fee, and this is at least to the quasi-Possessor of the bond.

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