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(영문) 서울고등법원(춘천) 2019.12.11 2019나50425

약정금

Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance is revoked, and the plaintiff's claim against the defendant is dismissed.

2...

Reasons

1. This part of the judgment is the same as the entry of “1. Fact-finding” in the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's claim against the defendant

A. The summary of the plaintiff's assertion 1) The plaintiff and the defendant calculated the cost of the construction work in this case as KRW 1.5 billion (excluding value added tax), and they prepared the letter of commitment in this case to pay it to the plaintiff representing the construction work, and the defendant is obligated to pay the above amount to the plaintiff according to the letter of commitment in this case. 2) The defendant, upon the plaintiff's request, stated the part indicated in the letter of commitment in this case as the sound of the letter of commitment in this case, and affixed it to the plaintiff with a cell phone camera and sent it to the plaintiff. Thus, even if the letter of commitment in this case is acknowledged as a document, in light of the contents of the letter of commitment in this case and the process of conclusion, it cannot be deemed that the agreement in this case was concluded or the agreement in this case to pay the construction work cost to the plaintiff without the plaintiff's intent to pay it to the plaintiff.

C. According to the instant undertaking, the Defendant participated in the instant construction.