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(영문) 서울남부지방법원 2019.01.10 2018나58521

약정금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion concluded a car lease agreement with the Defendant’s brokerage on D E-car between D and C. At this time, the Defendant agreed to pay to the Plaintiff KRW 22,50,000,000 for one lane, two lanes, and KRW 14,00,000 for three lanes, respectively, while returning the Plaintiff’s discount amount and the fee to be collected from the financial company.

However, the defendant does not pay the remainder to the plaintiff after paying 19.5 million won to the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3 million (=2.5 million) and the amount of KRW 17 million in total (=3 million won in total) and the amount of KRW 14 million in the second agreement.

B. According to the statement in Gap's evidence No. 2, on January 19, 2017, the tax accounting corporation entered into an automobile lease contract with Eul for the automobile price of 144,50,000 won in relation to D E-car, advance payment of 43,350,000 won in advance, monthly rent of 2,338,200 won, and monthly rent of 48 months from the date the certificate of automobile takeover was issued, and it is not sufficient to recognize that the plaintiff was jointly and severally guaranteed by the plaintiff and that the defendant agreed to pay the agreed amount to the plaintiff with the content of Gap's evidence No. 1,3,4, and 7 alone, there is no evidence to acknowledge otherwise.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.