약정금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence submitted in the court
Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance except for the following amendments, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of
【Supplementary parts of the judgment of the court of first instance (hereinafter referred to as the “instant payment rejection”) and subsequent to the “Performance Agreement” in Part 2, No. 19 of the judgment of the court of first instance (hereinafter referred to as the “instant performance agreement”), respectively.
Part 3 of the judgment of the first instance court, the "Intimidation" in Part 12 of the judgment of the first instance shall be deemed to be "intimidating or coercing."
The part of the 3th judgment of the court of first instance, the 18th to 4th judgment, and the 5th judgment, are as follows.
The defendant asserts that the agreement of this case is an agreement with the defendant on the condition of rescission on its face, and that E did not pay dividends to the defendant on the date of receiving dividends without any particular reason, and the defendant did not pay the contract amount to KRW 180 million to the plaintiff and did not attach receipts. Thus, the fulfillment of the condition of rescission expires, and in light of the attitude of E in the past, E can be deemed to have acknowledged that E does not have any obligation to pay the above KRW 180 million to the defendant.
The proviso to the implementation agreement of this case is as follows: "If 180,000 won is not paid on the date of receipt of dividends, such agreement shall be deemed null and void, and this agreement shall be deemed effective at the time of attaching a receipt of KRW 180,000,000,000."
However, in light of the following circumstances recognized in light of the overall details, contents, and purport of the instant agreement, the testimony by the first instance court witness G is sufficient to recognize the Defendant’s assertion.