beta
(영문) 서울남부지방법원 2019.07.18 2018나68054

약정금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for partial revision as follows.

The portion of 7 pages 4 of the first instance judgment “Plaintiff” through 13 shall be amended as follows:

[2] The Plaintiff’s losses incurred by the Defendant’s tort should be calculated by means of deducting the amount paid by the Defendant from the amount paid by the Defendant to the Defendant. According to such calculation method, the total sum of KRW 167,100,000 paid by the Plaintiff to the Defendant (i.e., KRW 47,100,000 KRW 75,000 KRW 45,000), and the amount of damages incurred by the Plaintiff’s tort is more than the total sum of KRW 15,00,000 paid by the Defendant to the Defendant (i.e., KRW 47,100,000 KRW 75,00 KRW 10,000). The Plaintiff asserted that the amount of damages incurred by the Defendant’s tort would not remain any more than KRW 500,000,000,000 in light of the Plaintiff’s investment agreement, it is difficult to accept the remainder of KRW 10,500,000 as the Plaintiff’s investment agreement.