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(영문) 서울고등법원 2013.07.25 2012나83676

약정금 등

Text

1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s revocation part is against Defendant C.

Reasons

1. The reasons why this Court’s explanation concerning this part of the facts are as follows: “Nos. 5 (Agreement) is based on the official seal of the Defendant Union, and there is no dispute between the parties that the stamp image of the name of the Defendant Union is based on the official seal of the Defendant Union” (see, e.g., Defendant’s preparatory document on March 28, 2013). The authenticity of the entire document is presumed to have been established.

Although the defendant union asserted that F was forged by using the official seal of the defendant union at will by using the official seal of the defendant union, it is not sufficient to recognize forgery only with the statement of Eul No. 15, and there is no other evidence to acknowledge forgery, the above assertion is without merit.

[Attachment] Since the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasons why the court should explain this part of the parties' arguments are as follows. The part of the fifth to seventeenth of the court's fifth to seventeenth of the same page of the court's decision is as follows. The plaintiff has a duty to pay to the plaintiff a sum of KRW 96,793,580 (= KRW 35,043,580, KRW 18,000, KRW 43,750,000) in return for the plaintiff's activities.

In other words, as of July 31, 2009, the amount of KRW 35,043,580 remaining after deducting KRW 10,00,00 that the Defendant Union should pay to the Plaintiff under the instant agreement from KRW 45,043,580, which was confirmed to have been unpaid, and KRW 35,043,580 that was subsequently paid thereafter, was calculated as KRW 6,50,00 per month. From December 1, 2008, the Defendant Union agreed to pay KRW 8,750,00 per month in return for activities from December 1, 2008 to July 31, 2009 x 18,00,000 [(8,750,600,500, - 30,000,000)] of KRW 10,000 per month.