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(영문) 창원지방법원 2017.09.21 2017나50338

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except where the court renders a dismissal of the relevant part or the defendant makes an additional determination as to the newly asserted matters in the trial. Thus, it is acceptable to accept it as it is

2. In the part of the judgment of the court of first instance, “The real estate indicated in the attached Form No. 4 (hereinafter “the real estate indicated in the instant real estate”)” is deemed to read “the real estate indicated in the attached Form No. 2” as “the land of 149 square meters in Gyeong-dong, Hanam-dong, Chungcheongnam-do, and the two-story housing and stores on the ground thereof (hereinafter “the instant real estate”).”

"No. 16524, Oct. 8, 2013" in No. 2 No. 3 of the judgment of the first instance, "No. 16524, Oct. 8, 2013", shall be deemed "No. 16424, Oct. 8, 2013."

No. 4 of the first instance judgment, the first instance court held that “not only there is no evidence to acknowledge it, but also it is difficult to recognize it in light of the description of No. 8 and the result of the party examination against the plaintiff of this court.”

3. The Defendant asserts that the Defendant’s act of drawing up the instant loan certificate does not take effect on the ground that the Plaintiff did not have any legal effect following the drawing up of the instant loan certificate, since the Defendant did not have any obligation to the Plaintiff, on the condition that the Defendant’s act of drawing up the loan certificate would have any obligation to the Plaintiff.

On the other hand, the term "terms and conditions" are subordinate officers of a juristic act which enables the occurrence or extinction of the validity of a juristic act to depend on the gender of an uncertain fact, and the defendant's assertion containing the gender of the past is without merit in itself, and each of the statements in Gap's evidence 2 through 4 (including the serial number), the court of first instance, the branch office of the court of the first instance, the National Health Insurance Corporation, the subordinate office of the National Housing Corporation, the Korea Housing Finance Corporation, the Korea Housing Finance Corporation's branch office, and the fact inquiry reply to the plaintiff of this court.