동산인도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for the following determination as to this case, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(The findings of fact and judgments of the first instance court shall not be different, even considering the allegations and evidence added in the trial. 2. Additional decision
A. Determination as to the defense, such as invalidation, etc. 1) The summary of the Defendants’ assertion is 50 million won in the amount invested by the Plaintiff. In view of the above investment amount and the value of the movable property of this case, the agreement on payment in kind constitutes an unfair juristic act or is null and void against public order and good morals. The amount to be paid by the Defendants to the Plaintiff is KRW 50 million in the sum of KRW 50 million in the initial investment amount and KRW 50 million in the interest thereon. Since the movable property of this case is worth KRW 2.99 billion in or KRW 2,583,282,595 in the payment in kind, the part exceeding the above KRW 50 million in the payment in lots agreement of this case constitutes a unconstitutional penalty agreement contrary to public order and good customs, and thus, the evidence of the first instance court’s determination as to the Plaintiff’s testimony should not be found otherwise.
Therefore, the above assertion by the defendants is without merit.
B. The summary of the Defendants’ assertion on the simultaneous performance defense is as follows: (a) the Defendants separately repaid KRW 100 million out of KRW 500,000,000,000, which was 11 August 11, 2014 following the instant payment agreement; (b) the Plaintiff’s duty to return KRW 100,000 and the Defendants’ duty to deliver the instant movable property.