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(영문) 서울남부지방법원 2016.10.07 2016나2098

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

Basic Facts

A. On February 26, 2010, the Defendant filed a lawsuit against the Plaintiff to confirm the right to advance the deposit and received a favorable judgment in the first instance court that “The right to claim the deposit payment of KRW 54,000,000, out of KRW 150,000 deposited by the Seoul Southern District Court Decision 919 on February 26, 2010, the Defendant confirmed that the right to claim the deposit payment of KRW 54,000,00 was against the Defendant of the instant case.”

(Seoul Southern District Court Decision 2010Kahap4357 decided January 6, 201, hereinafter referred to as "relevant case first instance judgment").

On March 2, 2010, the appellate court rendered a judgment that “The first instance judgment is modified as follows. B, on March 2, 2010, the Seoul Southern District Court confirmed that the claim for payment of deposit money of KRW 150,000,000 deposited by gold No. 919, the Seoul Southern District Court, is against the Defendant of this case. The total costs of the lawsuit are borne by the Plaintiff of this case.”

(Seoul High Court Decision 201Na16693 decided October 26, 201, hereinafter referred to as "the second instance judgment of related case").

On December 1, 2011, the Plaintiff appealed.

(2) On December 14, 2011, 201, the Plaintiff voluntarily withdrawn the appeal, and the Defendant withdraws the lawsuit for the payment of construction cost case from Seoul Southern District Court Decision 2011Kadan10185, but agreed to complete all legal disputes (hereinafter “instant agreement”) by paying to the Plaintiff the amount of KRW 8,800,00 (hereinafter “the instant agreement”) leading to the construction of the Plaintiff (hereinafter “instant agreement”); and on December 14, 2011, the Plaintiff voluntarily withdrawn the said appeal in accordance with the instant agreement.

The plaintiff of the written agreement: the defendant A-building project partnership

1. The defendant shall withdraw the appeal filed by the Seoul High Court with the Supreme Court for the confirmation of the right to withdraw the deposit.

2. The Plaintiff withdraws a lawsuit for construction cost of the Seoul Southern District Court 201Kadan10185, and pays KRW 8,800,000 to the Defendant with the lead-to-wide mine flooded amount executed by the Defendant.

3. The plaintiff.