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(영문) 서울중앙지방법원 2017.11.28 2017나11857

약정금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The court's explanation of this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff asserted that, through a content-certified mail as of March 13, 2015 and March 16, 2015, the Plaintiff requested the Defendants to supplement the Plaintiff’s seal imprint and a certificate of personal seal impression in order to verify whether Defendant E received delegation from the other Defendants regarding the conclusion of the instant agreement and if so delegated, the Plaintiff requested the Defendants to supplement the remaining Defendants’ seal imprint and a certificate. If the Defendants fail to perform this, the instant agreement is null and void, and at the same time, the Defendants refused to attach the Defendants’ seal imprint and a certificate of personal seal impression under the instant agreement.

Accordingly, the Plaintiff notified the Defendants that the instant agreement would be null and void, and that the Gwangju High Court 2014Na12484 (hereinafter “instant lawsuit”) would originally proceed.

However, the adjudication division in charge of the lawsuit of this case does not recognize the plaintiff's notification of rescission of the agreement of this case, and the judgment becomes final and conclusive on the premise that the agreement of this case is valid, and the agreement of this case is valid.

In addition, unlike the commitment at the time of the agreement, the Defendants did not affix or seal the Defendants’ seal impression affixed to the agreement, but submitted the withdrawal of appeal and the Plaintiff’s seal impression issued from the Plaintiff to the competent division in charge of the litigation of this case. This is recognized as effective.

Therefore, the notification of the Plaintiff to the Defendants that the agreement in this case was cancelled is that the Defendants had already acknowledged the validity of the agreement in this case, and the seal imprint and the seal imprint are supplemented to ensure the validity of the agreement.