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(영문) 서울고등법원 2015.10.30 2015나6106
손해배상금등
Text

1. The Plaintiff’s appeal against the Defendants and the Defendant B’s appeal are all dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. The reasons why this Court uses this part of the underlying facts are as follows: (a) each of the instant electric wires and pipes is identical to the corresponding part of the judgment of the court of first instance, except where each of the instant electric wires and pipes is “the instant electric wires and pipes” as “the instant electric wires and pipes”; (b) thus, they are cited in accordance with the main sentence of

2. Claim against the defendant company

A. The parties’ assertion 1) Plaintiff Company paid only KRW 300 million to the Plaintiff, including the down payment of KRW 1.35 billion and the intermediate payment of KRW 1.5 billion. Meanwhile, the Plaintiff and the Defendant Company decided to increase the purchase price of this case in KRW 300 million. Therefore, the Defendant Company shall pay to the Plaintiff KRW 1.355 billion (i.e., the initial purchase price of KRW 1.3550 million - the down payment and the intermediate payment of KRW 300 million), delay damages thereof, and KRW 1.5 billion as stipulated in Article 6 of the sales contract of this case. ② The Plaintiff Company transferred KRW 2.5 billion to the Plaintiff with respect to the electric wires and pipes of this case, or transferred KRW 1.5 billion to the Plaintiff by deception of the Defendant Company, or expressed its intent to remove KRW 1.5 billion as a preliminary removal of the money by mistake or by mistake of the Defendant Company.

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