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(영문) 대전지방법원 2020.12.21 2020나101643

약정금등

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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for this Court’s explanation is as follows, since the reasoning for this Court’s ruling is the same as that for the third party’s ruling of the court of first instance (the part falling under the scope of a trial of the party) and it is also accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of the Second Instance 17 (hereinafter referred to as the "Decision of the court of first instance")

A. The Defendant asserts that the agreement to pay KRW 20 million to the Plaintiff was revoked, since the Defendant appointed a legal representative in the preceding civil procedure, it was unnecessary to help the Plaintiff attend the court, and that the agreement to pay KRW 20 million was revoked.

In full view of the overall contents of the plaintiff's argument in the first instance trial and the result of the examination of evidence (Evidence A6, etc.), the plaintiff and the defendant did not merely assist the plaintiff in the defendant's attorney-at-law and court attendance in the preceding civil procedure, but also in relation to the defendant's labor office, investigation agency, and criminal case (including investigation agency and criminal court attendance, etc.), such as delayed payment of wages against the defendant, the defendant's labor office, investigation agency, and court attendance, and the defendant agreed to pay 20 million won to the plaintiff in return, and the plaintiff can be recognized as having fulfilled the above contents of the contract.

Furthermore, there is no evidence to acknowledge the defendant's allegation that the above 20 million won payment agreement has been revoked.

Therefore, the defendant's above assertion is not accepted.

2. The decision of the first instance court is just, and the defendant's appeal is dismissed as it is without merit.