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(영문) 대전지방법원 2019.10.31 2018나114981

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of paragraphs 1 through 3., except for the partial dismissal or addition as follows.

(The grounds for appeal by the Defendant are not significantly different from the allegations in the first instance court except for the new argument in this court. The evidence duly adopted and examined by the first instance court is just except for the part that the Defendant submitted to this court for the finding of facts in the first instance court and determination as follows 2. The Defendant alleged as the grounds for appeal, and there was no error as alleged in the grounds for appeal). 2. Of the reasoning of the first instance judgment, the part that was filled up on November 18, 2015, “the Plaintiff entered into an investment agreement with C on the business of hotel on the ground, including Daejeon Seo-gu, Daejeon, Daejeon, and one parcel of land, and thereafter paid KRW 350,000,000 to E, the owner of the above land, etc. as down payment under the sales contract related to the above land, etc., and paid KRW 15,000,000,000 to the owner of the above land, etc. as down payment of KRW 30,500,000 under the title 15.

3. Since an agreement was reached between the third and the 16th line in the addition, “the Defendant” and “the Defendant shall add “except in special circumstances.”

5 The following shall be added to the 10th line:

“A new argument in this Court. The Defendant asserted that part of the Plaintiff’s claim for the instant contract amount was paid to the court. Accordingly, according to the written evidence Nos. 5, 18, and 19, the Plaintiff was established on September 20, 2017 for securing the claim for the instant contract amount.