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(영문) 서울고등법원 2019.09.20 2019나2003781

약정금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The Defendant (Counterclaim Plaintiff) adds selectively at the trial.

Reasons

1. The reasoning for the court’s explanation in this part is the same as the corresponding part of the judgment of the first instance court (the “1. Basic Facts” of the suspension of the second page). Therefore, this is cited by the main text of Article 420 of the Civil Procedure Act.

2. The reasoning for the court’s reasoning in this part is as stated in the corresponding part of the judgment of the court of first instance (as to the claim of second instance, “the judgment on the claim of second instance”). Therefore, this part is cited by the main text of Article 420 of the Civil Procedure Act.

provided, however, that part of the first instance judgment is:

As stated in the foregoing paragraph, the defendant's assertion that it has been renewed at the trial or that it is new.

(a) add such judgments as provided in paragraph (1).

From the sixth page of the judgment of the court of first instance, the "as shown in the letter of confirmation of this case" shall be followed as follows.

“The content of the instant confirmation document (Evidence 1) which C is deemed to have been prepared and delivered to the Plaintiff on November 21, 2014 by November 21, 2014.

B. The summary of the Defendant’s assertion 1) The Defendant asserts to the following purport in relation to the claim of the principal lawsuit (the following part of the Defendant’s assertion is based on the preparatory documents dated July 12, 2019 and the purport of the appeal as of July 17, 2019 and the written application for changes in the cause of appeal as of July 17, 2019, which can be deemed to have been finally organized at the trial:

(A) The Defendant agreed to pay KRW 200 million as repayment amount to the Plaintiff by preparing and delivering the instant substitute redemption certificate (hereinafter “instant substitute redemption agreement”) is premised on “the cash invested or invested in D up to the time of the Plaintiff is KRW 200 million or more.”

B) The Plaintiff’s investment amount of KRW 204,362,200 (Evidence A9, KRW 141,473,945, out of the evidence No. 9) claimed by the Plaintiff as the investment amount based on the amount deposited in the name of the Plaintiff in the account, etc. in the instant lawsuit process.