logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.07.27 2014나2010210
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court states this part of the basic facts are the same as the basic facts of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. In accordance with Article 2-A and paragraph (b) of the instant protocol, the Plaintiff was obligated to close the instant Internet Access (C) by February 22, 2012, and delete all “C”-related notices, videos, photographs, etc. posted on the Internet Dong-ho, including F (G) and various Internet sites, but failed to perform such obligation. Therefore, the instant indirect compulsory performance clause (Article 2-C of the instant protocol) is deemed to have fulfilled the condition under Article 2-2(c) of the instant protocol.

Therefore, for compulsory execution under the indirect compulsory execution clause of this case, the Seoul Eastern District Court shall grant the execution clause to the plaintiff.

B. Since the Defendant fulfilled all the obligations under Article 2-A and Paragraph (b) of the instant protocol, the terms of the instant indirect compulsory performance clause have not been fulfilled.

3. Determination

A. ex officio determination of the judgment ex officio, the part concerning the claim for the grant of the execution clause concerning Article 2-A and paragraph (b) of the conciliation protocol of this case among the lawsuits of this case, and Article 33 of the Civil Execution Act provides that "if it is impossible to provide the necessary proof pursuant to Articles 30 (2) and 31, a creditor may file a lawsuit claiming the grant of execution clause with the court of first instance," and Article 30 (2) of the Civil Execution Act provides that "where the creditor proves that the conditions are fulfilled as the conditions attached to the execution of the judgment are attached thereto, the execution clause shall be granted only by submitting documents proving such conditions." Article 31 (1) of the Civil Execution Act provides that "the same shall not apply to cases where the condition is attached to the offer of security for the execution of the judgment."

arrow