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(영문) 전주지방법원 2017.08.30 2017가단5428

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 28, 2014, the summary of the cause of the claim: (a) the Defendant entered into a contract to pay KRW 112,000,000 in advance, with the payment of KRW 350,000 per square meter; and (b) C transferred the claim of KRW 102,00,000 out of the advance payment to the Plaintiff around February 2017; and (c) the Defendant is obligated to pay the said money to the Plaintiff.

2. First of all, the determination on the cause of the claim is based on whether the Defendant entered into the said contract with C, and as such, the evidence No. 1 (the part in the Defendant’s preparation) which appears to correspond thereto cannot be considered as evidence because there is no evidence to acknowledge the authenticity, and it is insufficient to recognize the same solely by the descriptions or images of evidence No. 2-6. There is no other evidence to prove otherwise.

3. According to the conclusion, the plaintiff's claim based on the premise that the defendant concluded the above contract is dismissed as there is no reason to examine the other issues.