약정금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
The reasoning for this court's explanation is as follows: (a) additional evidence submitted by the court of first instance, which is insufficient to recognize that the Plaintiff was engaged in business activities under the contract of this case even after October 2010; and (b) the statement of evidence Nos. 9, 10, 13, and 14, which is insufficient to recognize that the Plaintiff was engaged in business activities under the contract of this case; and (c) except for the addition of the judgment of the Plaintiff's new argument at the court of first instance as follows, the reasoning for the judgment of the court of first instance is as stated in the text
The Plaintiff asserts that the confession that “after October 2010, the business was discontinued” made by the Plaintiff’s attorney at the first instance trial on October 23, 2015 at the date of pleading on October 23, 2015, goes against the truth and is due to mistake. Therefore, the Plaintiff asserts that the confession was revoked.
It is insufficient to recognize that the above confessions violated the truth only with the descriptions of Gap evidence 9, 10, 13, and 14, and there is no other evidence to acknowledge it.
In addition, in light of the fact that the Plaintiff did not dispute that the transaction with the Defendant was entirely interrupted from the preparatory document dated October 21, 2015 on or around December 2010, it is difficult to recognize that the confession was due to mistake, and there is no other evidence to acknowledge otherwise.
Therefore, the above argument about the cancellation of confession by the plaintiff is without merit, and further there is no evidence to acknowledge that the transaction was severed between the plaintiff and the defendant around December 2010 because the defendant directly traded the plaintiff's business partner by street as alleged above by the plaintiff.
Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.