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(영문) 서울고등법원 2020.08.25 2019나2043727

약정금

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

Basic Facts

The reasoning for this Court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the addition of “2013Gahap1620,” No. 3 of the judgment of the court of first instance No. 14, “200,” and “the instant case” (hereinafter referred to as “instant case”), and therefore, the same is cited in accordance with the main sentence of Article 420 of the

The “real estate acquired through the recommendation of the Plaintiff” in the written confirmation of the Plaintiff’s assertion by the Plaintiff refers to “E forest”, and the “gains accruing from the disposal of real estate” in the written confirmation of this case refers to the “income accruing from the lease of real estate.”

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 5.989 billion [the total purchase price of KRW 7.52 billion (the total purchase price of KRW 7.48 billion) - KRW 1.197.8 billion] equivalent to KRW 20 billion in the amount of KRW 7.52 billion in the purchase price of KRW 7.52 billion in the purchase price of the E Forest - the purchase price of KRW 1.5397 billion] with the agreed amount according to the instant written confirmation. Of them, the Defendants seek payment of KRW 527.8 million in the instant related case, excluding KRW 670 million which was extinguished as a offset, and damages for delay therefrom.

With respect to the existence of the Defendants’ obligation to pay the agreed amount under the agreement, the “real estate acquired upon the recommendation of the Plaintiff” in the confirmation document of this case refers not to E forest, but to K in Jeju (hereinafter “the industrial site of this case”). The Defendants do not have any profit from disposing of the industrial site of this case, and there is no profit to pay to the Plaintiff.

In addition, the letter of confirmation of this case was prepared by the defendant B, and the defendant company did not sign and seal it, so at least the defendant company does not jointly bear the obligation to pay the agreed amount under the letter of this case.

With respect to the scope of the obligation to pay the agreed amount, even if the obligation to pay the agreed amount is recognized, ① in the instant confirmation document, the term “gains obtained by disposing of the real estate” refers to “after the lease,” and thus, occurred in the course of disposal of the E forest.