beta
Text
1. The Defendant’s KRW 61,885,911 and KRW 52,120,990 among the Plaintiff’s KRW 61,885,91, and KRW 9,764,921 among the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a sales contract on some stores of the shopping mall located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “the shopping mall of this case”) with Sung Chang Chang Fend Co., Ltd. (hereinafter “Ssung”). On November 2007, the Plaintiff signed a sales contract with some of the merchants (including the Plaintiff, 124 persons; hereinafter “Plaintiff, etc.”) who entered into a sales contract with the same content, and filed a lawsuit with the Seoul Central District Court as Seoul Central District Court No. 2007Ga104541, May 1, 2007 against Sung Chang Fend on the ground that the instant shopping mall of this case was located in the station area of the Incheon Airport, and the Defendant was appointed as a legal representative and the said company and the sales agency made a false division advertisement against Sung Chang Fend, stating that the instant shopping mall of this case would flow a large number of U.S. population.
B. As a result, on July 23, 2009, the same court rendered a judgment of provisional execution citing most claims of the plaintiff et al. by recognizing the fact that the above sales contract was concluded by the defendant's deception.
At the time of filing an appeal, Sung Chang-sung filed an appeal with the same court No. 2009Kaga7105, and the same court applied for the suspension of execution with respect to the above provisional execution sentence. On August 20, 2009, the decision to suspend execution was rendered on the condition of deposit of KRW 4 billion on August 20, 200, and deposited the above amount with the same court No. 14958 in 2009.
(hereinafter “instant deposit”). C.
On June 17, 2011, the appellate court sentenced the same purport as the Seoul High Court Decision 2009Na76289, the first instance court ordered the Sung Chang-ND to pay the additional amount for some of the plaintiffs of the above case (which was dissatisfied with the order and did not seek a suspension of execution of the judgment of the appellate court) and subsequently dismissed the appeal filed by the Sung Chang-ND on May 24, 201.