약정금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The reasoning of the judgment of the court of first instance cited the same part of the reasoning of the judgment of the court of first instance as stated in paragraph (2) above, except where the court renders an appeal as stated in paragraph (3) or adds a judgment as stated in paragraph (3), and thus, citing it as it is in accordance with the main sentence
(However, except for the part concerning Co-Defendant C in the first instance trial, Defendant B’s “Defendant B” was changed on February 2, 200 to “N” in the third page of the first instance judgment.
The following shall be added to the five pages 1 of the judgment of the first instance.
The instant housing, including the sale of the instant housing, was sold at the voluntary auction procedure with the Changwon District Court through the Changwon District Court on May 30, 2019. On August 28, 2019, the O received dividends of KRW 20 million as the lessee, and KRW 2,405,351 as the Plaintiff’s spouse, and KRW 2,405,351 as the Plaintiff’s owner. The instant housing, including the sale of the instant housing, was sold at the auction procedure with the Changwon District Court through the Changwon District Court. On August 28, 2019, the H, who is the Plaintiff’s spouse, received dividends of KRW 2,405,351.
From 5th to 11th of the judgment of the court of first instance, the part " shall have the obligation, unless there are any special circumstances," shall be added as follows:
“Unless there are any special circumstances, the Defendant is liable to pay to the Plaintiff KRW 147,594,649 (i.e., KRW 150 million - 2405,351) deducting KRW 2,405,351 (i.e., KRW 150,000) paid to the Plaintiff through H’s dividends at KRW 150,000,000,000 and damages for delay.”
3. The defendant asserts that the dividend of KRW 20 million received by the plaintiff through theO should be deducted from the principal of the claim amount of this case. Thus, the defendant's defense is with merit, since the plaintiff's distribution of KRW 20 million from the sales price of the housing of this case was made by the O, as seen above, and there is no dispute between the parties as to the fact that the above money should be deducted from the principal amount of the plaintiff's claim amount.
Therefore, the defendant shall pay to the plaintiff the agreed amount based on the letter of claim.