약정금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. In light of the facts that there is no dispute between the parties to the judgment on the cause of the claim, and the purport of Gap evidence No. 1 and the entire pleadings, the defendant prepared a payment note to the plaintiff on February 10, 201, stating that "as to the amount of KRW 180,000,000,000 invested in the Unused Korea Waste Business Group under the jurisdiction of the Korea Disabled Veterans Association, the defendant will return to the plaintiff the total amount of the invested amount, unless and until May 30, 2011, the goods that the defendant received from the waste business office are sold at the waste business office" (hereinafter referred to as "the payment note in this case"), and the defendant did not deliver the above wastes to the plaintiff by May 30, 201, respectively.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above agreed amount of KRW 180,000,000 and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's defense
A. On June 27, 2014, the Defendant’s defense prepared a confirmation statement that “the Defendant received all obligations under the instant payment note” to the Defendant.
Since the Defendant fully repaid its obligations, it does not have the obligation to pay KRW 180,000 to the Plaintiff.
B. Determination 1) As long as a disposal document is recognized as having been authentic, the court shall recognize the existence and content of the declaration of intent as stated in its content, unless there is any clear and acceptable counter-proof to deny the contents of the statement (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). According to the purport of the entry and pleading in the evidence No. 1 and the entire pleadings, the Plaintiff has received reimbursement of KRW 180,000,000 from the Defendant (hereinafter “instant confirmation”).
It is recognized that the preparation has been made.
The plaintiff recognized the authenticity of the confirmation of this case at the second date for pleading of the trial, and as long as the confirmation of this case, which is a disposal document, is deemed to have been duly formed, it shall be written in the absence of any acceptable counter-proof.