beta
(영문) 대구지방법원 안동지원 2018.04.11 2016가단2260

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 as well as 20% per annum from July 25, 2015 to the day of complete payment.

Reasons

The judgment as to the cause of claim Gap's evidence Nos. 1 (a written confirmation, the defendant argued that the above written confirmation was forged by the plaintiff or C, but if the purport of Gap's evidence Nos. 3 through 5, and the testimony of witness C is added to the whole purport of the pleading, it is recognized that Eul received delegation from the defendant and completed the above written confirmation to the plaintiff as a legitimate representative of the defendant, and therefore the authenticity of the above written confirmation is recognized), each of the statements of Nos. 3 through 5, and the witness's testimony added to the whole purport of the pleading as a whole, the defendant's agent Eul, as the defendant's agent, to the plaintiff on July 25, 2015, "the defendant shall pay to the plaintiff the construction material and personnel expenses of 70,000,000 and interest calculated at a rate of 20% per annum from July 25, 2015 (hereinafter referred to as "the agreement of this case"). Thus, the defendant is obligated to pay to the plaintiff the agreement of this case.

The defendant asserts that if Gap evidence Nos. 1 (written confirmation) is authenticly prepared, the agreement of this case is a juristic act under the condition that the defendant will pay money to the plaintiff under the condition that the defendant withdraws the plaintiff's complaint against the defendant. It is necessary to promptly have the defendant take the disposition of non-prosecution. Thus, although the conditions stipulated in the agreement of this case should be met prior to the disposition of non-prosecution against the defendant, the plaintiff withdrawn the complaint only after the non-prosecution against the defendant, and the conditions stipulated in the agreement of this case are not fulfilled, and the defendant is not obligated to pay the

If the objective meaning of the text is clear when a contract is prepared in writing, which is a disposal document, the existence of an expression of intent and the existence of the text, unless there are special circumstances.