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.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for an additional determination under paragraph (2) as to the Plaintiff’s assertion that is emphasized by this court.
2. Additional determination
A. The Plaintiff’s assertion of the instant service contract (Evidence No. 10) was actually sealed on the same day as the instant agreement (Evidence No. 10), and it is valid as a contract with the content stipulated in paragraph (5) of the said agreement.
PM fees under the instant business service agreement are not premised on the Plaintiff’s performance of services concerning H interest projects.
In lieu of giving up the E-Dong business share under the instant joint venture agreement, the Plaintiff received 3 billion won, which is part of the agency cost related to Hri business from the Defendant, the affiliated company of which the J, the representative director of I, is the same as the representative director (=1500 households x 2 million won) as the name of the PMF fee.
Since the plaintiff renounced the E-dong business share, the defendant is obligated to pay to the plaintiff 3 billion won and damages for delay specified in the instant business service contract.
B. 1) Determination 1) In a case where the authenticity of a disposal document is recognized, it shall be objectively interpreted that the parties expressed their intent in accordance with the language and text stated in the disposal document, barring any special circumstance. In a case where there is a difference in the interpretation of a contract between the parties and the interpretation of the parties expressed in the disposal document is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the language and text, the motive and background leading up to the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc. (see, e.g., Supreme Court Decisions 9Da23574, Feb. 27, 2001; 2004Da67264, May 13, 2005) as cited earlier, and each fact and macro evidence in the judgment of the first instance cited earlier.