beta
(영문) 서울고등법원 2015.01.30 2014나32221

약정금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. As to this case, the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance or addition of the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

O No. 400

The paragraphs are as follows:

C. The confirmation of the settlement details and the settlement amount on the judgment transaction and the entry of the account number and his name on the settlement amount are consistent with the rule of experience to regard the settlement details as recognizing the settlement amount and expressing the intention to receive the settlement amount.

As seen earlier, around March 11, 2008, the Plaintiff confirmed that the settlement details and remaining amounts of the purchase price of the Defendant and C’s land were KRW 3,557,00,000, which was already paid and the settlement amount remaining after the purchase price of the land was 3,57,00, and the bank account and name were written in writing and delivered to the Defendant. Therefore, it is reasonable to view that the Plaintiff agreed to the settlement of the settlement details and the settlement amount

In addition, since the defendant remitted the above settlement amount of KRW 3,557,00 to the plaintiff on the same day, the amount that the defendant should pay to the plaintiff in relation to the sale and purchase of land C does not remain.

Therefore, we cannot accept the plaintiff's above argument.

O In the reasoning of the judgment of the first instance court, "K" shall be deemed to be "M".

In addition, it is difficult to accept that the contract deposit was not paid by the Plaintiff while the Plaintiff was a person who received part payments at the time of concluding the contract,” in Chapter 15 of the 5th page.

O 6.2 After the 2nd page of the 6.2nd page, a shelter (if any) shall be stamped, and the following shall be added thereto:

④ The Plaintiff’s Dong L, the actual owner of land E, sold it to M, and the Defendant is merely the land of E.