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(영문) 수원지방법원 2019.09.18 2018나84294

약정금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff).

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

"Defendant P" in 10 to 11 of the third instance judgment of the first instance court is "P".

The fifth page of the judgment of the court of first instance added "(the defendant received KRW 82,00,000 from the plaintiff as consideration for the plaintiff to own the commercial building of this case, and there is no ground to deem that the agreement on December 26, 2014 between the plaintiff, N, and P related to the return of the above amount extends to the defendant."

During the 7th page of the first instance judgment, “No. 5-1 through 4 alone” means “No. 5-1 (the above content certification is written by the Defendant on May 14, 2018, after the Plaintiff’s filing of the principal lawsuit)” and “No. 5-2 through 4 alone.”

2. In conclusion, the plaintiff's principal lawsuit and the defendant's counterclaim should be dismissed as it is without merit.

As such, the judgment of the court of first instance is just, and all appeals against the plaintiff's principal lawsuit and the defendant's counterclaim are dismissed as it is without merit. It is so decided as per Disposition.